HomeMy WebLinkAbout992280.tiff q Federal Emergency Management Agency
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• `plllll ° Denver Federal Center, Building 710
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Denver, CO 80225-0267
September 3, 1999
The Honorable Dale K. Hall, Chair
Board of County Commissioners
Box 758
Greeley, CO 80632
RE: Ordinance #89-JJ
Dear Mr. Hall:
We find Ordinance #89-JJ compliant with current National Flood Insurance Program
Regulations at 44CFR. Please contact me at (303) 235-4835 if there are any questions.
Sincerely,
75.41
Fred Metzler
Program Specialist
cc: Tom F. Grier, Jr., COEM
Brian Hyde, CWCB
992280
(sit ‘es...... :,
BOARD OF COUNTY COMMISSIONERS
PHONE (970) 356-4000, Ext. 4200
' FAX: (970) 352-0242
P. O. BOX 758
Ill
C. GREELEY, COLORADO 80632
COLORADO
August 30, 1999
Fred Measlier
Program Specialist
Denver Federal Center, Building 710
P. O. Box 25267
Denver, CO 80225-0267
RE: National Flood Insurance Program
Dear Mr. Measlier:
In response to your letter dated August 20, 1999, the attached copy of the Weld County Zoning
Ordinance #89-JJ meets our obligation for Weld County's participation in the National Flood
Insurance Program.
Please verify our compliance in writing.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4200.
Sincerely, P 387 472 462
RECEIPT FOR CERTIFIED MAIL
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FRED MEASLIER /387 ,47a yea rc
Enclosure - Ordinance 89-JJ PROGRAM SPECIALIST 14b s, wile .[:_ _.----- ---- — E
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
-,
The Honorable Connie Harbert
Chairperson, Weld County Board of Commissioners
915 Tenth Street `
Greeley, Colorado 80631 _ _
Dear Ms. Harbert:
Please consider this official notice that your community has until September 22, 1999, to adopt
floodplain management measures which satisfy the requirements of Section 60.3(d) of the National
Flood Insurance Program (NFIP) regulations and have them approved by our Regional Office.
I realize that your community may be in the final adoption process, or you may have recently
adopted the required measures. If you have not done so, please submit these measures to the
Director, Mitigation Division of the Federal Emergency Management Agency (FEMA), Denver
Federal Center, Bldg. 710, Box 25267, Denver, Colorado 80225-0267, where they will be
reviewed upon receipt. Our regional staff will inform you of your community's continued
eligibility when your measures are approved, or will assist your community in the development
of appropriate measures. As in previous correspondence, we urge you to contact our Regional
Office if your community is encountering difficulties in enacting the appropriate measures. Our
Regional Office can be reached at (303) 235-4830.
The NFIP regulations (copy enclosed) identify certain floodplain management measures for
adoption by participating communities. These measures must be adopted by September 22, 1999,
to avoid your community's suspension from the NFIP on that date. Please note that there are
certain consequences when a community is suspended from participation in the NFIP. FEMA
would like to help ensure that your community is not faced with these consequences, which include
the following: flood insurance may not be sold or renewed within a suspended community; 3-year
insurance policies remain in force only until the end of the current policy year; and the remaining
premium for years 2 and/or 3, which was prepaid, will be refunded.
It is important to note also that, when a community is suspended from the NFIP, it is subject to
the provisions of Section 202(a) of Public Law 93-234, as amended. This section prohibits
Federal officers or agencies from approving any form of loan, grant, guaranty, insurance,
payment, rebate, subsidy, disaster assistance loan, or grant (in connection with a flood), for
acquisition or construction purposes within Special Flood Hazard Areas. For example, this would
prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal
Housing Administration, or secured by the Rural Economic and Community Development
Services.
de: PL,
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Further, Section 202(b) of Public Law 93-234, as amended, states that, in the event of a disaster
caused by a flood, Federal disaster relief assistance will not be available to any property located
within the suspended community. The law requires federally regulated lending institutions to so
notify the purchaser or lessee of improved real property situated in Special Flood Hazard Areas
when such property is being used to secure a loan that is being made, increased, extended, or
renewed.
A suspended community can regain eligibility in the NFIP by submitting a new application and
enacting floodplain management measures established in Section 60.3 of the NFIP regulations.
However, please note that during the period of suspension from the NFIP, if the community
permits development to take place in the floodplain that aggravates the flood hazard, the
community will be required to remedy the increased hazard to the maximum extent possible before
eligibility can be restored.
We encourage you to contact our Regional Office if you need assistance or have any questions.
Our regional staff will provide technical assistance and guidance in the development of your
community's floodplain management measures. The adoption of compliant floodplain management
measures will ensure participation in the NFIP and will provide the citizens in your community
protection from disaster.
Sincere
v V
Michael J.J. strong �-�/
Associate Director for Mitigation(/
Enclosure
cc: Floodplain Administrator
FEDERAL EMERGENCY MANAGEMENT AGENCY
Revised June 1, 1999
This document, which is in two parts, contains a reprint of the National Flood
Insurance Program (NFIP) regulations (44 CFR Parts 59-78), revised as of October 1,
1998, as well as final NFIP rules that became effective between October 1, 1998 and June
1, 1999.
Part I contains all the NFIP final regulations revised as of October 1, 1998.
Part II contains two NFIP rules published after that date:
• a final rule published on March 17, 1999, which increases
premium rates for pre-FIRM, V-zone structures. (Effective date
May 1, 1999.)
• a final rule published on May 21, 1999, which revises the expense
allowance for the 1999-2000 Write-Your-Own Arrangement.
(Effective date October 1, 1999.)
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PART I
SUBCHAPTER B-INSURANCE AND HAZARD MrnGA11ON
PARTS 50-54 [RESERVED] formed the fan becomes unpredictable
and alluvial fan flooding can occur.
NATIONAL INSURANCE DEVELOPMENT Applicant means a community which
PROGRAM indicates a desire to participate in the
Program.
PARTS 55-58l [RESERVED] Appurtenant structure means a. struc-
ture which is on the same parcel of
NATIONAL FLOOD INSURANCE PROGRAM property as the principal structure to
be insured and the use of which is inci-
dental to the use of the principal struc-
PART 59—GENERAL PROVISIONS titre.
Area of shallow flooding means a des-
Subpart A—General ignated AO, All, ARJAO, ARJAH, or VO
zone on a community's Flood :Cnsur-
Sec. ance Rate Map (FIRM) with a 1 percent
59.1 Definitions. or greater annual chance of flooding to
59.2 Description of program. an average depth of 1 to 3 feet where a
59.3 Emergency program.
59.4 References. clearly defined channel does not exist,
where the path of flooding is unpredict--
Subpart 8—Eligibility Requirements able, and where velocity flow may be
evident. Such flooding is characterized
59.21 Purpose of subpart. by pending or sheet flow.
59.22 Prerequieltes for the sale of flood in- Area of special flood-related erosion
surance. hazard is the land within a community
59.23 Priorities for the sale of flood insur- which is most likely to be subject to
ance under he regular program. severe flood-related erosion losses. The
59.24 Suspension of community eligibility.
area may be designated as Zone E on
AUTHoRrry: 42 U.S.C. 4001 et seq.; Reorga- the Flood Pa.rard Boundary Map
nization Plan No. 3 of 1978. 43 FR 41943, 3 (FHBM). After the detailed evaluation
CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, of the special flood-related erosion haz-
1979, 44 FR 1936", 3 CFR, 1979 Comp., p. 376.
and area in preparation for publication
Sub ,art A—General of the FIRM, Zone E may be further re-
Subpart fined.
§58.1 Definitions. Area of special flood hazard is the land
in the flood plain within a community
As used in this subchapter— subject to a 1 percent or greater chance
Act means the statutes authorizing of flooding in any given year. The area
the National Flood Insurance Program may be designated as Zone A on the
that are incorporated in 42 U.S.C. 4001- FHBM. After detailed ratemaking has
4128. been completed in preparation for pub-
ActuariaI rates—see risk premium rates. lication of the flood insurance rate
Administrator means the Federal In- map, Zone A usually is refined into
surance Administrator. Zones A, AO, AH, A1-3O, AE, A99, AR,
Agency means the Federal Emergency AR A1-S0, ARJAE, ARJAO, AR.!AII, A R✓
Management Agency, Washington DC. A, VO, or V1-30, VE, or V. For purposes
Alluvial far. flooding means flooding of these regulations, the term "special
occurring on the surface of an alluvial flood hazard area" is synonymous in
fan or similar landform which origi- meaning with the phrase "area of spe-
nates at the apex and is characterized cial flood hazard".
by high-velocity flows; active processes Area of special mudslide (i.e., mudflow)
of erosion, sediment transport, and hazard is the land within a community
deposition; and, unpredictable flow most likely to be subject to severe
paths. mudslides (i.e., mudflows). The area
Apex means a point on an alluvial fan may be designated as Zone M on the
or similar landform below which the FHBM. After the detailed evaluation of
flow path of the major stream that the special mudslide (i.e., rnudflow)
221
§59.1 44 CFR Ch. I (10-1-98 Ecftion)
hazard area in preparation for publics- U.S.C. 4102 for the purposes set forth in
tion of the FIRM, Zone M may be fur- part 60 of this subchapter.
ther refined. Critical feature means an integral and
Base flood means the flood having a readily identifiable part of a flood pro-
one percent c:oance of being equalled or tection system, without which the
exceeded in any given year. flood protection provided by the entire
Basement" means any area of the system would be compromised.
building having its floor subgrade Curvilinear Line means the border on
(below ground level) on all sides. either a FBBM or FIRM that delin-
Breakaway wall means a wall that is eates the special flood, mudslide (i.e.,
not part of the structural support of mudflow) and/or flood-related erosion
the building and is intended through hazard areas and consists of a curved
its design and construction to collapse or contour line that follows the topog-
under specific lateral loading forces, raphy.
without causing damage to the ele- Deductible means the fixed amount or
vated portion of the building or sup- percentage of any loss covered by in-
porting foundation system. surance which is borne by the insured
Building—see structure. prior to the insurer's liability.
Chargeable rates mean the rates es- Developed area means an area of a
tablished by the Administrator pursu- community that is:
ant to section 1308 of the Act for first (a) A primarily urbanized, built-up
layer limits of flood insurance on exist- area that is a minimum of 20 contig-
bag structures. uous acres, has basic urban infrastruc-
Chief Executive Officer of the commu- tore, including roads, utilities, commu-
nity (CEO) means the official of the nications, and public facilities, to sus-
community who is charged with the taro industrial, residential, and corn-
authority to implement and administer mercial activities, and
laws, ordinances and regulations for (1) Within which 75 percent or more
that community. of the parcels, tracts, or lots contain
Coastal high hazard area means an commercial, industrial, or residential
area of special flood hazard extending structures or uses; or
from offshore to the inland limit of a (2) Is a single parcel, tract, or lot in
primary frontal dune along an open which 75 percent of the area contains
coast and any other area subject to existing commercial or industrial
high velocity wave action from storms structures or uses; or
or seismic sources. (3) Is a subdivision developed at a
Community means any State or area density of at least two residential
or political subdivision thereof, or any structures per acre within which 75
Indian tribe or authorized tribal orga- percent or more of the lots contain ex-
nization, or Alaska Native village or isting residential structures at the
authorized native organization, which time the designation is adopted.
has authority to adopt and enforce (b) Undeveloped parcels, tracts, or
flood plain management regulations lots, the combination of which is less
for the areas within its jurisdiction. than 20 acres and contiguous on at
Contents coverage is the insurance on least 3 sides to areas meeting the cri-
personal property within an enclosed teria of paragraph (a) at the time the
structure, including the cost of debris designation is adopted.
removal, and the reasonable cost of re- (c) A subdivision that is a minimum
moval of contents to minimize damage. of 20 contiguous acres that has ob-
Personal property may be household tamed all necessary government ap-
goods usual or incidental to residential provals, provided that the actual
occupancy, or merchandise, furniture, 'start of construction" of structures
fixtures, machinery, equipment and has occurred on at least 10 percent of
supplies usual to other than residential the lots or remaining lots of a subdivi-
occupancies. sion or 10 percent of the maximum
Criteria means the comprehensive cri- building coverage or remaining build-
teria for land management and use for ing coverage allowed for a single lot
flood-prone areas developed under 42 subdivision at the time the designation
222
Federal Emergency Management Agency §59.1
is adopted and construction of struc- the construction of streets, and either
tures is underway. Residential subdivi- final site grading or the pouring of con-
sions must meet the density criteria in crete pads) is completed before the ef-
paragraph (a)(3). fective date of the floodplain manage-
Development means any man-made ment regulations adopted by a commu-
change to improved or unimproved real nity
estate, including but not limited to
Existing structures see existing con-
buildin
gs or other structures, mining, strut#on.
dredging, filling, grading, paving, exca-
vation or drilling operations or storage Expansion to an existing manfactured
of equipment; or materials.. home park or subdivision means the
Director means the Director of the preparation"of additional sites by the
Federal Emergency Management Agen- construction of facilities for servicing
cy. the lots on which the manufacturing
Eligible community or participating homes are to be affixed (including the
community means a community for installation of utilities, the construe-
which the Administrator has author- tion of streets, and either final site
ized the sale of flood insurance under grading or the pouring of concrete
the National Flood Insurance Program. parts).
Elevated building means, for insurance Federal agency means any depart-
purposes, a, nonbasement building ment, agency, corporation, or other en-
which has its lowest elevated floor tity or instrumentality of the execu-
raised above ground level by founda- tive branch of the Federal Government,
tion walls, shear walls, posts, five branch of the Federal Government,
piers, pil- and includes the Federal National
ings, or columns. Mortgage Association and the Federal
Emergency Flood Insurance Program or
emergency program means the Program Home Loan Mortgage Corporation.
as implemented on an emergency basis Federal instrumentality responsible for
in accordance with section 1336 of the the supervision, approval, regulation, or
Act. It is intended as a program to pro- insuring of banks, savings and loan asso-
vide a first :.ayer amount of insurance ciations, or similar institutions means the
on all insurable structures before the Board of Governors of the Federal Re-
effective date of the initial FIRM. serve System, the Federal Deposit In-
Erosion means the process of the surance Corporation, the Comptroller
gradual wearing away of land masses. of the Currency, the Federal Home
This peril is not per se covered under Loan Bank Board, the Federal Savings
the Program. and Loan Insurance Corporation, and
Exception means a waiver from the the National Credit Union Adrninistra-
provisions of'part 60 of this subchapter tion.
directed to a community which re- Financial assistance means any form
lieves it from the requirements of a
rule, regulation, order or other deter-
payment,loan, grant, guaranty, insurance,
mination made or issued pursuant to payment, rebate, subsidy, disaster as
the Act. sistance loan or grant, or any other
Existing construction, means for the form of direct or indirect Federal as-
purposes of determining rates, struc- sistance, other than general or special
tures for which the "start of construe- revenue sharing or formula grants
tion" commenced before the effective made to States.
date of the FIRM or before January 1, Financial assistance for acquisition or
1975, for FIRMs effective before that construction purposes means any form of
date. "Existing construction" may also financial assistance which is intended
be referred to as "existing structures." in whole or in part for the acquisition,
Existing manufactured home park or construction, reconstruction, repair, or
subdivision means a manufactured improvement of any publicly or pri-
home park or subdivision for which the vately owned building or mobile home,
construction of facilities for servicing and for any machinery, equipment, fix-
the lots on which the manufactured tures, and furnishings contained or to
homes are to be affixed (including, at a be contained therein, and shall. include
minimum, the installation of utilities,
223
§59.1 44 CFR Ch. 1 (10-1-98 Edition)
the purchase or subsidization of mort- boundaries of the flood, mudslide (i.e.,
gages or mortgage loans but shall ex- mudflow) related erosion areas having
elude assistance pursuant to the Disas- special hazards have been designated as
ter Relief Act of 1974 other than assist- Zones A, M, and/or E.
ance under such Act in connection with Flood insurance means the insurance
a flood. It includes only financial as- coverage provided under the Program.
sistance insurable under the Standard Flood Insurance Rate Map (FIRM)
Flood Insurance Policy. means an official map of a community,
First-layer coverage is the maximum on which the Administrator has delin-
amount of structural and contents in-
surance coverage available under the eated both the special hazard areas and
Emergency Program. the risk premium zones applicable to
Flood or flooding means: the community.
(a) A general and temporary condi- Flood Insurance Study see flood ele-
tion of partial or complete inundation vation study.
of normally dry land areas from: Flood plain or flood-prone area means
(1) The overflow of inland or tidal wa- any land area susceptible to being in-
ters. undated by water from any source (see
(2) The unusual and rapid accumula- definition of "flooding").
tion or runoff of surface waters from Flood plain management means the op-
any source. eration of an overall program of cor-
(3) Mudslides (i.e., mudflows) which rective and preventive measures for re-
are proximately caused by flooding as ducing flood damage, including but not
defined in paragraph (a)(2) of this deli- limited to emergency preparedness
nition and are akin to a river of liquid plans, flood control works and flood
and flowing mud on the surfaces of nor- plain management regulations.
malty dry land areas, as when earth is flood plain management regulations
carried by a current of water and de- means zoning ordinances, subdivision
posited along the path of the current. zoning ordinances, subd
(b) The collapse or subsidence of land regulations, building codes, health visreg-
ion
ces
along the shore of a lake or other body (such s, special purpose ordinances
grad-
of water as a result of erosion or under- as a flood plain ordinance,mining caused by waves or currents of lag ordinance and erosion control ordi-
water/ exceeding anticipated cyclical nacre) and other applications of' police.
levels or suddenly caused by an unusu- power. The term describes such state
ally high water level in a natural body or local regulations, in any combina-
of water, accompanied by a severe tion thereof, which provide standards
storm, or by an unanticipated force of for the purpose of flood damage preven-
nature, such as flash flood or an abnor- tion and reduction.
mal tidal surge, or by some similarly Flood protection system means those
unusual and unforeseeable event which physical structural works for which
results in flooding as defined in para- funds have been authorized, appro-
graph (a)(1) of this definition. priated, and expended and which have
Flood elevation determination means a been constructed specifically to modify
determination by the Administrator of flooding in order to reduce the extent
the water surface elevations of the base of the area within a community subject
flood, that is, the flood level that has a to a "special flood hazard" and the ex-
one percent or greater chance of occur- tent of the depths of associated flood-
rence in any given year. ing. Such a system typically includes
Flood elevation study means an exam- hurricane tidal barriers, darns, res-
ination, evaluation and determination ervoirs, levees or dikes. These special-
of flood hazards and, if appropriate, ized flood modifying works are those
corresponding water surface elevations, constructed in conformance wi ch sound
or an examination, evaluation and de-
termination of mudslide (i.e., mudflow) engineering standards.
and/or flood-related erosion hazards. Flood proofing means any combina-
Flood Hazard Boundary Map (FI BM) tion of structural and non-structural
means an official map of a community, additions, changes, or adjustments to
issued by the Administrator, where the structures which reduce or eliminate
224
Federal Emergency Management Agency §59.1
flood damage to real estate or im- repair facilities, but does not include
proved real property, water and sans- long-term storage or related manufac-
tary facilities, structures and their turing facilities.
contents. General Counsel means the General
Flood-related erosion means the col- Counsel of the Federal Emergency
lapse or subsidence of land along the Management Agency
shore of a lake or other body of water Highest adjacent grade means the
as a result of undermining caused by highest natural elevation of the ground
waves or currents of water exceeding surface prior to construction next to
anticipated cyclical levels or suddenly the proposed walls of a structure.
caused by an unusually high water Historic Structure means any struc-
level in a natural body of water, ac- ture that is:
companied by a severe storm; or by an (a) Listed individually in the Na-
unanticipated force of nature, such as a tional Register of Historic Places (a
flash flood or an abnormal tidal surge, listing maintained by the Department
or by some, similarly unusual and un- of Interior) or preliminarily deter-
foreseeable event which results in mined by the Secret
ary of the Interior
flooding.
Flood-related erosion area or flood-re- meeting the requirements for indi-
lated erosion prone area means a land vidual listing on the National Register;
area adjoining the shore of a lake or (b) Certified or preliminarily deter-
other body of water, which due to the mined by the Secretary of the. Interior
composition of the shoreline or bank as contributing to the historical sig-
and high water levels or wind--driven nificance of a registered historic dis-
currents, is likely to suffer flood-relat-- trict or a district preliminarily deter-
ed erosion damage. mined by the Secretary to qualify as a
Flood-related erosion area management registered historic district;
means the cperation of an overall pro- (c) Individually listed on a state in-
gram of corrective and preventive ventory of historic places in states
measures for reducing flood-related with historic preservation programs
erosion damage, including but not lim- which have been approved by the Sec-
ited to emergency preparedness plans, retary of the Interior; or
flood-related erosion control works, (d) Individually listed on a local in-
and flood plain management regula- ventory of historic places in commu-
tions. pities with historic preservation pro-
Floodway-- see regulatory floodway. grams that have been certified. either:
Fioodway encroachment lines mean the (1) By an approved state program as
lines marking the limits of floodways determined by the Secretary of the In-
on Federal,.State and local flood plain terior or
maps. (2) Directly by the Secretary of the
Freeboard means a factor of safety Interior in states without approved
usually expressed in feet above a flood programs
level for purposes of flood plain man-
agement. "Freeboard" tends to com- Independent scientific body means a
pensate for the many unknown factors non-Federal technical or scientific or-
that could contribute to flood heights ganization involved in the study of
greater than the height calculated for land use planning, flood plain manage-
a selected size flood and floodway con- ment, hydrology, geology, geography,
ditions, such as wave action, bridge or any other related field of study con-
openings, and the hydrological effect of cerned with flooding.
urbanization of the watershed. Insurance adjustment organization
Functionally dependent use means a means any organization or person en-
use which cannot perform its intended gaged in the business of adjusting loss
purpose unless it is located or carried claims arising under the Standard
out in close proximity to water. The Flood Insurance Policy
term includes only docking facilities, Insurance company or insurer means
port facilities that are necessary for any person or organisation authorized
the loading and unloading of cargo or to engage in the insurance business
passengers, and ship building and ship under the laws of any State.
225
§59.1 44 CFR Ch. I (10-1-98 Edition)
Levee means a man-made structure, community's Flood Insurance Rate
usually an earthen embankment, de- Map are referenced.
signed and constructed in accordance Mudsllde(i.e., mudflow) describes a
with sound engineering practices to condition where there is a river, flow
contain, control, or divert the flow of or inundation of liquid mud down a
water so as to provide protection from hillside usually as a result of a dual
temporary flooding, condition of loss of brush cover, and
Levee System means a flood protection the subsequent accumulation of water
system which consists of a levee, or on the ground preceded by a period of
levees, and associated structures, such unusually heavy or sustained rain. A
as closure and drainage devices, which mudslide (i.e., mudflow) may occur as a
are constructed and operated in accord- distinct phenomenon while a landslide
ance with sound engineering practices. is in progress, and will be recognized as
Lowest Floor means the lowest floor such by the Administrator only if the
of the lowest enclosed area (including mudflow, and not the landslide, is the
basement). An unfinished or flood re- proximate cause of damage that oc-
sistant enclosure, usable solely for curs:
parking of vehicles, building access or Mudslide (i.e., mudflow) area manage-
storage in an area other than a base- merit means the operation of an overall
ment area is not considered a build- program of corrective and preventive
ing's lowest floor; Provided, that such measures for reducing mudslide (i.e.,
enclosure is not built so as to render mudflow) damage, including but not
the structure in violation of the appli- limited to emergency preparedness
cable non-elevation design require- plans, mudslide control works, and
ments of§60.3. flood plain management regulations.
Mangrove stand means an assemblage Mudslide (i.e., mudflow) prone area
means an area with land surfaces and
of mangrove trees which are mostly
sllow trees noted for a copious develop- wherehers of unconsolidatedgeologymaterial
ment of interlacing adventitious roots the history, geology and climate
above the ground and which contain indicate a potentialunfor means, fort.
one or more of the following species: New of determiningter the rates,s
Black mangrove (Avicennia Nitida); posesc i insurance con-
red mangrove (Rhizophora Mangle); structures for which the "start of white mangrove (Languncularia struction" commenced initialn or afterI the
Racemosa); and buttonwood effective date of 31,a , FIRM or
after December 1974, whichever is
(Conocarpus Erecta). later, and includes any subsequent im-
Manufactured home means a strut- provements to such structures. For
tare, transportable in one or more sec- floodplain management purposes, new
tions, which is built on a permanent construction means structures for which
chassis and is designed for use with or the start of construction commenced on
without a permanent foundation when or after the effective date of a flood-
attached to the required utilities. The plain management regulation adopted
term "manufactured home" does not by a community and includes any sub-
include a "recreational vehicle". sequent improvements to such struc-
Manufactured home park or subdivi- tures.
sion" means a parcel (or contiguous New manufactured home park or sub-
parcels) of land divided into two or division means a manufactured) home
more manufactured home lots for rent park or subdivision for which the
or sale. construciton of facilities for servicing
Map means ',he Flood Hazard Bound- the lots on which the manufactured
ary Map (FHBM) or the Flood Insur- homes are to be affixed (including at a
ance Rate Map (FIRM) for a commu- minimum, the installation of utilities,
nity issued by the Agency. the construction of streets, and. either
Mean sea level means, for purposes of final site grading or the pouring of con-
the National Flood Insurance Program, crete pads) is completed on or after the
the National Geodetic Vertical Datum effective date of floodplain manage-
(NGVD) of 1929 or other datum, to ment regulations adopted by a commu-
which base flood elevations shown on a nity.
226
Federal Emergency Management Agency §59.1
100-year flood see base flood. (c) Designed to be self-propelled or
Participating community, also known permanently towable by a light duty
as an eligible community, means acorn- truck; and
munity in which the-Administrator has (d) Designed primarily not for use as
authorized the sale of flood insurance. a permanent dwelling but as temporary
Person includes any individual or living quarters for recreational, camp-
group of individuals, corporation, part- ing, travel, or seasonal use.
nership, association, or any other en- Reference feature is the receding edge
tity, including State and local govern- of a bluff or eroding frontal dune, or if
ments and agencies. such a feature is not present, the nor-
Policy means the Standard Flood In- mall high-water line or the seaward line
surance Policy. of permanent vegetation if a high-
Premium means the total premium water line cannot be identified.
payable by the insured for the coverage Regular Program means the Program
or coverages provided under the policy. authorized by the Act under which risk
The calculation of the premium may be premium rates are required for the
based upon either chargeable rates or first half of available coverage (also
risk premium rates, or a combination known as "first layer" coverage) for all
of both. new construction and substantial im-
Primary frontal dune means a continu- provements started on or after the ef-
ous or nearly continuous mound or fective date of the FIRM, or after De
ridge of sand with relatively steep sea- camber 31, 1974, for FIRM's effective on
ward and landward slopes immediately or before that date. All buildings, the
landward and adjacent to the beach construction of which started before
and subject to erosion and overtopping the effective date of the FIRM, or ec-
from high tides and waves during fore January 1, 1975, for ligi effec-
major coastal storms. The inland limit tive before that date, are eligible for
of the primary frontal dune occurs at first layer coverage at either subsidized
the point where there is a distinct rates or risk premium rates, whichever
change from a relatively steep slope to are lower. Regardless of date of con-
e relatively mild slope. struction, risk premium rates are al-
Principally above ground means that ways required for the second layer cov-
at least 51 percent of the actual cash erage such coverage is offered only
value of the structure, less land value, after thhee Administrator has completed
is above ground. a risk study for the community.
means the National Regulatory floodway means the chan-
Program7nsurance authorized Floodby 4d nel of a river or other watercourse and
U.S.C. 4ce1 Programthroug 41au the adjacent land areas that must be
reserved in order to discharge the base
Program deficiency means a defect in a flood without cumulatively increasing
community!s flood plain management the water surface elevation more than
regulations or administrative proce- a designated height.
dures that impairs effective implemen- Remedy a violation means to bring the
tation of those flood plain management structure or other development into
regulations or of the standards in compliance with State or local flood
§§60.3, 60.4, 60.5, or 60.6. plain management regulations, or, if
Project cosi means the total financial this is not possible, to reduce the im-
cost of a flood protection system (in- pacts of its noncompliance. Ways that
eluding design, land acquisition, con- impacts may be reduced include pro-
struction, fees, overhead, and profits), tecting the structure or other affected
unless the Federal Insurance Adminis- development from flood damages, im-
trator determines a given "cost" not to plementing the enforcement provisions
be a part of such project cost. of the ordinance or otherwise deterring
Recreational vehicle means a vehicle future similar violations, or reducing
which is: Federal financial exposure with regard
(a) Built on a single chassis; to the structure or other development.
(b) 400 square feet or less when mess- Risk premium rates mean those rates
ured at the largest horizontal projec- established by the Administrator pur-
tion; suant to individual community studies
227
§59.1 44 CFR Ch. I (10-1-98 E¢SFion)
and investigations which are under- construction, repair, reconstruction,
taken to provide flood insurance in ac- rehabilitation, addition placement, or
cordance with section 1307 of the Act other improvement was within 180 days
and the accepted actuarial principles. of the permit date. The actual start
"Risk premium rates" include provi- means either the first placement of
sions for operating costs and allow- permanent construction of a structure
ances. on a site, such as the pouring of slab or
Riverine means relating to, formed footings, the installation of piles, the
by, or resembling a river (including construction of columns, or any work
tributaries), stream, brook, etc. beyond the stage of excavation; or the
Sand dunes mean naturally occurring placement of a manufactured home on
accumulations of ;and in ridges or a foundation. Permanent construction
mounds landward of the beach. does not include land preparation, such
Scientifically incorrect. The methodol- as clearing, grading and filling; nor
ogy(les) and/or assumptions which have does it include the installation of
been utilized are inappropriate for the streets and/or walkways; nor does it in-
physical processes being evaluated or elude excavation for a basement, foot-
are otherwise erroneous. ings, piers, or foundations or the erec-
Second layer coverage means an addi- tion of temporary forms; nor does it in-
tional limit of coverage equal to the elude the installation on the property
amounts made available under the of accessory buildings, such as garages
Emergency Program., and made avail- or sheds not occupied as dwelling units
able under the Regular Program. or not part of the main structure. For
Servicing company means a corpora- a substantial improvement, the actual
tion, partnership, association, or any start of construction means the first
other organized entity which contracts alteration of any wall, ceiling, floor, or
with the Federal Insurance Adminis- other structural part of a building,
tration to service insurance policies whether or not that alteration affects
under the National Flood Insurance the external dimensions of the build-
Program for a particular area. ing.
Sheet flow area— see area of shallow State means any State, the District of
flooding. Columbia, the territories and posses-
60-year sethack means a distance sions of the United States, the Corn-
equal to 60 times the average annual monwealth of Puerto Rico, and the
long term recession rate at a site, Trust Territory of the Pacific Islands.
measured from the reference feature. State coordinating agency means the
Special flood hazard area— see "area agency of the state government, or
of special flood hazard". other office designated by the Governor
Special hazard area means an area of the state or by state statute at the
having special flood, mudslide (i.e., request of the Administrator to assist
mudflow), or flood-related erosion haz- in the implementation of the National
ards, and shown on an FHBM or FIRM Flood Insurance Program in that state.
as Zone A, A0, Al-30, AE, AR, AR/Al- Storm cellar means a space below
30, AR/AE, AR/AO, AR/AH, AR/A, A99, grade used to accommodate occupants
AR, VO, V1-30, VE, V, M, or E. of the structure and emergency sup-
Standard Flood Insurance Policy plies as a means of temporary shelter
means the flood insurance policy issued against severe tornado or similar wind
by the Federal Insurance Adminis- storm activity.
trator, or an insurer pursuant to an as- Structure means, for flood plain man-
rangement with the Administrator pur- agement purposes, a walled and roofed
suant to Federal statutes and regula- building, including a gas or liquid stor-
tions. age tank, that is principally above
Start of Construction (for other than ground, as well as a manufactured
new construction or substantial im- home. "Structure" for insurance cov-
provements under the Coastal Barrier erage purposes, means a walled and
Resources Act (Pub. L. 97-348)), in- roofed building, other than a gas or liq-
cludes substantial improvement, and uid storage tank, that is principally
means the date the building permit was above ground and affixed to a perma-
issued. provided the actual start of nent site, as well as a manufactured
228
Federal Emergency Management Agency §59.2
home on a permanent foundation. For Variance means a grant of relief by a
the latter purpose, the term includes a community from the terms of a. flood
building while in the course of con- plain management regulation.
struction, alteration or repair, but does Violation means the failure of a struc-
not include building materials or sup- ture or other development to be fully
plies intended for use in such construe- compliant with the community's flood
tion, alteration or repair, unless such plain management regulations. A
materials or supplies are within an en- structure or other development with-
closed building on the premises. out the elevation certificate, other cer-
Subsidized rates mean the rates estab tifications, or other evidence of com-
lished by the Administrator involving pliance required in §60.3(b)(5), (c)(4),
in the aggregate a subsidization by'the (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is
Federal Government. presumed to be in violation until such
time as that documentation is pro-
Substantial damage means damage of vided.
any origin sustained by a structure Water surface elevation means the
whereby the cost of restoring the height, in relation to the National Geo-
structure to its before damaged condi- detic Vertical Datum (NGVD) of 1929,
tion would equal or exceed 50 percent (or other datum, where specified) of
of the market value of the structure floods of various magnitudes and fre-
before the damage occurred. quencies in the flood plains of coastal
Substantial improvement means any re- or riverine areas.
construction, rehabilitation, addition. Zone of imminent collapse means an
or other improvement of a structure, area subject to erosion adjacent to the
the cost of which equals or exceeds 50 shoreline of an ocean, bay, or lake and
percent of the market value of the within a distance equal to 10 feet plus
structure before the "start of construe- 5 times the average annual long-term
tion" of the improvement. This term erosion rate for the site, measured
includes structures which have in- from the reference feature.
curred "substantial damage", regard- [41 FR 46968, Oct. 26, 1976]
less of the actual repair work per- EDTTORIAL NOTE: For FEDERAL REGISTER ci-
formed. The term does not, however, tations affecting §59.1, see the List of Sec-
include either: tions Affected in the Finding Aids section of
(1) Any project for improvement of a this volume.
structure to correct existing violations §58 2 Description of program.
of state or local health, sanitary, or
safety code specifications which have (a) The National Flood Insurance Act
been identified by the local code en- of 1968 was enacted by title XIII of the
forcemeat official and which are the Housing and Urban Development Act of
minimum necessary to assure safe liv- 1968 (Pub. L. 90-448, August 1, 1968) to
ing conditions or provide previously unavailable flood
(2) Any alteration of a "historic insurance protection to property own-
structure", provided that the alter- ers in flood-prone areas. Mudslide (as
anon will not preclude the structure's defined in §59.1) protection was added
continued designation as a "historic Urban the evelopm by Actth Housingand
structure". Development of 1969 (Pub. L.
91-152, December 24, 1969). Flood-relat-
30-year setback means a distance
equal to 30 times the average annual in ra protec-
equaltion was added to the erosion (as defined Program by the
e
long term recession rate at a site, Flood Disaster Protection Act of 1973
measured from the reference feature. (Pub. L. 93-234, December 31, 1973). The
Technically incorrect. The methodol- Flood Disaster Protection Act of 1973
ogy(ies) utilized has been erroneously requires the purchase of flood insur-
applied due to mathematical or meas- ance on and after March 2, 1974, as a
urement error, changed physical condi- condition of receiving any form of Fed-
tions, or insufficient quantity or qual- eral or federally-related financial as-
ity of input data. sistance for acquisition or construction
V Zone—see "coastal high hazard purposes with respect to insurable
area." buildings and mobile homes within an
229
§59.3 44 CFR Ch. I (10-1-98 Edition)
identified special flood, mudslide (i.e., gency program does not affect the re-
mudflow), or flood-related erosion haz- quirement that a community must
and area that is located within any adopt adequate flood plain manage-
community participating in the Pro- ment regulations pursuant to part, 60 of
gram. The Act also requires that on this subchapter but permits insurance
and after July 1, 1975, or one year after to be sold before a study is conducted
a community has been formally noti- to determine risk premium rates for
fled by the Administrator of its identi- the community. The program still re-
fication as community containing one quires upon the effective date of a
or more special flood, mudslide (i.e., FIRM the charging of risk premium
mudflow), or flood-related erosion haz- rates for all new construction and sub-
ard areas, no such Federal financial as- stantial improvements and for higher
sistance, shall be provided within such limits of coverage for existing struc-
an area unless, the community in which tures.
the area is located is then participat- [43 FR 7140, Feb. 17, 1978. Redesignated at 44
ing in the Program, subject to certain FR 31177, May 31, 1979, and amended at 48 FR
exceptions. See FIA published Guide- 94543, Sept. 29, 1983]
lines at §59.4(c).
(b) To quai:t.fy for the sale of feder- §59.4 References.
ally-subsidized flood insurance a corn- (a) The following are statutory ref-
munity must adopt and submit to the erences for the National Flood Insur-
Administrator as part of its applica- ance Program, under which these regu-
tion, flood plain management regula- lations are issued:
tions, satisfying at a minimum the cri- (1) National Flood Insurance Act of
teria set forth at part 60 of this sub- 1968 (title XIII of the Housing and
chapter, designed to reduce or avoid fu- Urban Development Act of 1968), Pub.
ture flood, mudslide (i.e., mudflow) or L. 90-448, approved August 1, 1968, 42
flood-related erosion damages. These U.S.C. 4001 et seq.
regulations must include effective en- (2) Housing and Urban Development
forcement provisions. Act of 1969 (Pub. L. 91-152, approved De-
(c) Minimum requirements for ade- cember 24, 1969).
quate flood plain management regula- (3) Flood Disaster Protection Act of
tions are set forth in §60.3 for flood- 1973 (87 Stat. 980), Public Law 93-234,
prone areas, in §60.4 for mudslide (i.e., approved December 31, 1973.
mudflow) areas and in §60.5 for flood- (4) Section 816 of the Housing and
related erosion areas. Those applicable Community Development Act of 1974
requirements and standards are based (89 Stat. 975), Public Law 93-383, ap-
on the amount of technical informa- proved August 22, 1974.
tion available to the community. (5) Public Law 5-128 (effective Octo-
pi]. FR 46968, Oct. 26, 1976, as amended at 43 ber 12, 1977).
FR 7140, Feb. 17, 1978. Redesignated at 44 FR (6) The above statutes are included in
31177, May 31, 1979, and amended at 48 FR 42 U.S.C. 4001 et seq.
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984] (b) The following are references rel-
evant to the National Flood Insurance
Program:
The 1968 Act required a risk study to (1) Executive Order 11988 (Floodplain
be undertaken for each community be- Management, dated May 24, 1977 (42 FR
fore it could become eligible for the 26951, May 25, 1977)).
sale of flood insurance. Since this re- (2) The Flood Control Act of 1960
quirement resulted in a delay in pro- (Pub. L. 86-645).
viding insurance, the Congress, in sec- (3) Title II, section 314 of title IQ and
tion 408 of the Housing and Urban De- section 406 of title IV of the Disaster
velopment Act of 1969 (Pub. L. 91-152, Relief Act of 1974 (Pub. L. 93-288).
December 24, 1969), established an (4) Coastal Zone Management; Act
Emergency Flood Insurance Program (Pub. L. 92-583), as amended Public
as a new section 1336 of the National Law 94-370.
Flood Insurance Act (42 U.S.C. 4056) to (5) Water Resources Planning Act
permit the early sale of insurance in (Pub. L. 89-90), as amended Public Law
flood-prone communities. The emer- 94-112 (October 16, 1975).
230
Federal Emergency Management Agency §59.22
(6) Title I, National Environmental for the entire area within its jurisdic-
Policy Act(Pub. L. 91-190). tion, and shall submit:
(7) Land and Water Conservation (1) Copies of legislative and executive
Fund Act (Pub. L. 89-578), and subse- actions indicating a local need for
quent amendments thereto. flood insurance and an explicit desire
(8) Water Resources Council, Prin- to participate in the National Flood In-
cipals and Standards for Planning, surance Program;
Water and Related Land Resources (38 (2) Citations to State and local state
FR 24778-24869, September 10, 1973). utes and ordinances authorizing ac-
(9) Executive Order 11593 (Protection tions regulating land use and copies of
and Enchancement of the Cultural En- the local laws and regulations cited;
vironment), dated May 13, 1971 (36 FR (3) A copy of the flood plain manage-
8921, May 15, 1971). ment regulations the community has
(10) 89th Cong., 2nd Session, H.D. 465. adopted to meet the requirements of
(11) Required land use element for §§60.3, 60.4 and/or §60.5 of this sub-
comprehensive planning assistance chapter. This submission shall include
under section 701 of the Housing Act of copies of any zoning, building, and sub-
1954, as amended by the Housing and division regulations, health codes, spa-
Community Development Act of 1974 cial purpose ordinances (such as a flood
(24 CFR 600.72). plain ordinance, grading ordinance, or
(12) Executive Order 11990 (Protection flood-related erosion control ordi-
of Wetlands, dated May 24, 1977 (42 FR nance), and any other corrective and
26951, May 25, 1977)). preventive measures enacted to reduce
(13) Water Resources Council (Guid- or prevent flood, mudslide (i.e., mud-
ance for Floodplain Management) (42 flow) or flood-related erosion damage;
FR 52590, September 30, 1977). (4) A list of the incorporated commu-
(14) Unified National Program for nities within the applicant's bound-
Floodplain Management of the United arias;
States Water Resources Council, July (5) Estimates relating to the commu-
1976. nity as a whole and to the flood,
(c) The following reference guidelines mudslide (i.e., mudflow) and flood-re-
represent the views of the Federal In- lated erosion prone areas concerning:
surance Administration with respect to (i) Population;
the mandatory purchase of flood insur- (ii) Number of one to four family
ance under section 102 of the Flood Dia- residences;
aster Protection Act of 1973: Manda- (iii) Number of small businesses; and
tory Purchase of Flood Insurance (iv) Number of all other structures.
Guidelines (54 FR 29666-29695, July 13, (6) Address of a local repository, such
1989). as a municipal building, where the
Flood Hazard Boundary Maps (FEtBM's)
[41 FR 46968, Oct. 26, 1976, as amended at 43 and Flood Insurance Rate Maps
FR 7140, Feb. '17, 1978. Redesignated at 44 FR (FIRM's) will be made available for
31177, May 31, 1979, and amended at 57 FR
19540, May 7, 1992] public inspection;
(7) A summary of any State or Fed-
Subpart B-•Eligibility Requirements eras activities with respect to flood
plain, mudslide (i.e., mudflow) or flood-
§58.21 Purpose of subpart. related erosion area management with-
inT)lis subpart lists actions that must the community, such as federally-
be taken by 3. community to become el- State-adfunded flood control projectsinand
man-
igible and to remain eligible for the agement regulations;gd flood plain,Program age) A
(8) A commitment to recognize and
[41 FR 46968, Oct. 26, 1976. Redesignated at 44 duly evaluate flood, mudslide (i.e.,
FR 31177, May 31, 1979] mudflow) and/or flood-related erosion
hazards in all official actions in the
§59.22 Prerequisites for the sale of areas having special flood, mudslide
flood insurance. (i.e., mudflow) and/or flood-related ero-
(a) To qualify for flood insurance sion hazards and to take such other of-
availability a community shall apply ficial action reasonably necessary to
231
§59.23 44 CFR Ch. I (10-1-98 Edition)
carry out the objectives of the pro- (1) Appoint or designate the agency
gram; and or official with the responsibility, au-
(9) A commitment to: thority, and means to implement the
(i) Assist the Administrator at his/ commitments made in paragraph (a) of
her request, in his/her delineation of this section, and
the limits of the areas having special (2) Designate the official responsible
flood, mudslide (i.e., mudflow) or flood- to submit a report to the Adminis-
related erosion hazards; trator concerning the community par-
(ii) Provide such information con- ticipation in the Program, including,
cerning present uses and occupancy of but not limited to the development and
the flood plain, mudslide (i.e., mud- implementation of floor),plain manage-
flow) or flood-related erosion areas as ment regulations. This report shall be
the Administrator may request; submitted annually or biennially as de-
(11i) Maintain for public inspection termined by the Administrator.
and furnish upon request, for the deter- (c) The documents required by para-
mination of applicable flood insurance graph (a) of this section and evidence
risk premium rates within all areas of the actions required by paragraph
having special flood hazards identified (b) of this section shall be submitted to
on a FHBM or FIRM, any certificates the Federal Emergency Management
of floodproofing, and information on Agency, Washington DC 20472.
the elevatior. (in relation to mean sea [41 FR 46968, Oct. 26, 1976. Redesignated at 44
level) of the level of the lowest floor FR 31177, May 31, 1979 and amended at 48 FR
(including basement) of all new or sub- 29318, June 24, 1983; 48 FR 44543 and 44552,
stantially improved structures, and in- Sept. 29, 1983: 49 FR 4751, Feb. 8, 1984; 49 FR
elude whether or not such structures 33656, Aug. 24, 1984; 50 FR 36023, Sept. 4, 1985]
contain a basement, and if the struc-
ture has been floodproofed, the ele- §59.23 Priorities for the sale of flood
vation (in relation to mean sea level) insurance under the regular pro-
to which the structure was gram.
floodproofed; Flood-prone, mudslide (i.e., mudflow)
(iv) Cooperate with Federal, State, and flood-related erosion prone corn-
and local agencies and private firms munities are placed on a register of
which undertake to study, survey, areas eligible for ratemaking studies
map, and identify flood plain, mudslide and then selected from this register for
(i.e., mudflow) or flood-related erosion ratemaking studies on the basis of the
areas, and cooperate with neighboring following considerations—
communities with respect to the man- (a) Recommendations of State offi-
agement of adjoining flood plain, mud- cials;
slide (i.e., mudflow) and/or flood-relat- (b) Location of community and ur-
ed erosion areas in order to prevent ag- gency of need for flood insurance::
gravation of existing hazards; (c) Population of community and in-
(v) Upon occurrence, notify the Ad- tensity of existing or proposed develop-
ministrator in writing whenever the ment of the flood plain, the mudslide
boundaries of the community have (i.e., mudflow) and the flood-related
been modified by annexation cr the erosion area;
community has otherwise assumed or (d) Availability of information on the
no longer has authority to adopt and community with respect to its flood,
enforce flood plain management regu- mudslide (i.e., mudflow) and flood-re-
lations for a particular area. In order lated erosion characteristics and pre-
that all FHBM's and FIRM's accu- vious losses;
rately represent the community's (e) Extent of State and local progress
bound aries, include within such notifi- in flood plain, mudslide (i.e., mudflow)
cation a copy of a map of the comma- area and flood-related erosion area
nity suitable for reproduction, clearly management, including adoption of
delineating the new corporate limits or flood plain management regulations
new area for which the community has consistent with related ongoing pro-
assumed or relinquished flood plain grams in the area.
management regulatory authority. [41 FR 46968, Oct. 26, 1976. Redesignated at 44
(b) An applicant shall legislatively: FR 31177, May 31, 1979]
232
Federal Emergency Management Agency 459.24
§5934 Suspension of community eligi- quately enforce flood plain manage-
ment regulations meeting the mint-
(a) A community eligible for the sale mum requirements set forth in §§60.3,
of flood insurance shall be subject to 60.4 and/or 60.5 shall be subject; to pro-
suspension from the Program for fail- bation. Probation shall represent for-
ing to submit copies of adequate flood mai notification to the community
plain management regulations meeting that the Administrator regards the
the minimum requirements of pars,- community's flood plain management
graphs (b), (c), (d), (e) or (f) of §60.3 or program as not compliant with. NA'IP
paragraph (b) of §60.4 or §60.5, within criteria. Prior to imposing probation,
six months from the date the Adminis- the Administrator (1) shall inform the
trator provides the data upon which community upon 90 days prior written
the flood plain regulations for the ap- notice of the impending probation and
placable paragraph shall be based. of the specific program deficiencies and
Where there has not been any submis- violations relative to the failure to en--
lion by the community, the Adminis- force, (2) shall, at least 60 days before
trator shall notify the community that probation is to begin, issue a press re-
90 days remain in the six month period lease to local media explaining the rea-
in order to submit adequate flood plain sons for and the effects of probation,
management regulations. Where there and (3) shall, at least 90 days before
has been an inadequate submission, the probation is to begin, advise all policy-
Administrator shall notify the commu- holders in the community of the im-
nity of the specific deficiencies in its pending probation and the additional
submitted flood plain management reg- premium that will be charged, as pro-
illationsthea and inform the connity of vided in this paragraph. on ?alleles
the amount of time remaining within sold or renewed during the period of
the six month period. If, subsequently,
copies of adequate flood plain man e- probation. During this 90-day period
meat regulations are not receivedl by the community shall have the oppor-
tunity to avoid probation by +iern-
days before the ercpiration of the origi- onstrating compliance with Program
na.l six month period the Administrator requirements, or by correcting Pro-
shall. provide written notice to the gram deficiencies and remedying all
community and to the state and assure violations to the maximum extent pos-
publication in the FEDERAL. REGISTER Bible. If, at the end of the 9C day period,
under part 64 of this subchapter of the the Administrator determines that the
community's loss of eligibility for the community has failed to do so the pro-
sale of flood insurance, such suspension bation shall go into effect. Probation
to become effective upon the expira- may be continued for up co one year
tion of the six month period. Should after the community corrects all Pro-
the community remedy the defect and gram deficiencies and remedies all vio-
the Administrator receive copies of lations to the maximum extent nos-
adequate flood plain management regu- sible. Flood insurance may be sold or
lations within the notice period, the renewed in the community while it is
suspension notice shall be rescinded by on probation. Where a policy covers
the Administrator. If the Adminis- property located in a co nnit-mit j
trator receives notice from the State placed on probation on Or afte • October
that it has enacted adequate flood 1, 1986, but prior to October 1, 1992. an
plain management regulations for the additional premium of sn5.00 shall be
community within the notice period, charged on each such policy newly
the suspension notice shall be re- issued or renewed during the one-year
scinded by the Administrator. The period beginning on the date the corn-
community's eligibility shall remain munity is placed on probation and dur-
terminated after suspension until cop- ing any successive one-year periods
ies of adequate flood plain manage- that begin prior to October 1. ?992.
ment regulations have been received Where a community's arobati.m begins
and approved by the Administrator. on or after October 1. 1992, :;he addi-
(b) A community eligible for the sale tional premium described in the pre-
of flood insurance which fails to ade- ceding sentence shall be $60.00.. which
233
§59.24 44 CFR Ch. 1 (10-1-98 Edttlon)
shall also be charged during any suc- vided for in paragraph (b) of this sec-
cessive one-year periods during which tion.
the community remains on probation (d) A community eligible for the sale
for any part thereof. This $50.00 addi- of flood insurance which repeals its
tional premium shall further be flood plain management regulations,
charged during any successive one-year allows its regulations to lapse, or
periods that begin on or after October amends its regulations so that they no
1, 1992, where the preceding one-year longer meet the minimum require-
probation period began prior to Octo- ments set forth in §§60.3, 60.4 and/or
ber 1, 1992. 60.5 shall be suspended from the Pro-
(c) A community eligible for the sale gram. If a community is to be sus-
of flood insurance which fails to ade- pended, the Administrator shall inform
quately enforce its flood plain manage- it upon 30 days prior written notice and
ment regulations meeting the mini- upon publication in the FEDERAL RE
C
mum requirements set forth in §§60.3, ISTER under part 64 of this subchapter
60.4 and/or 60.5 and does not correct its of its loss of eligibility for the sale of
Program deficiencies and remedy all flood insurance. The community eligi-
violations to the maximum extent pos- bility shall remain terminated after
Bible in accordance with compliance suspension until copies of adequate
deadlines established during a period of flood plain management regulations
probation shall be subject to suspen- have been received and approved by the
sion of its Program eligibility. Under Administrator.
such circumstances, the Administrator (e) A community eligible for the sale
tf flood insurance may withdraw from
shall grant the community 30 days in
Ad-
which to show cause why it should not the Program submitting tothe ministrator a copyofalegislative of a legisllative ac-
be suspended. The Administrator may tion that explicitly states its desire to
conduct a heaing, written or oral, be- withdraw from the National Flood In-
fore commencing suspensive action. If surance Program. Upon receipt of a
a community is to be suspended, the certified copy of a final legislative ac-
Administrator shall inform it upon 30 Lion, the Administrator shall withdraw
days prior w::itten notice and upon the community from the Program and
publication in the FEDERAL REGISTER publish in the FEDERAL REGISTER under
under part 64 of this subchapter of its part 64 of this subchapter its loss of eli-
loss of eligibility for the sale of flood gibility for the sale of flood insurance.
insurance. In the event of impending A community that has withdrawn from
suspension, the Administrator shall the Program may be reinstated if its
issue a press release to the local media submits the application materials spec-
explaining the reasons and effects of ified in §59.22(a).
the suspension.. The community's eligi- (f) If during a period of ineligibility
bility shall only be reinstated by the under paragraphs (a), (d), or (e) of this
Administrator upon his receipt of a section, a community has permitted
local legislative or executive measure actions to take place that have aggra-
reaffirming the community's formal vated existing flood plain, mudslide
intent to adequately enforce the flood (i.e., rnudflow) and/or flood related ero-
plain management requirements of this sion havards, the Administrator may
subpart, together with evidence of ac- withhold reinstatement until the com-
tion taken by the community to cor- munity submits evidence that it has
rect Program deficiencies and remedy taken action to remedy to the maxi-
to the maximum extent possible those mum extent possible the increased haz-
violations which caused the suspen- ards. The Administrator may also
sion. In certain cases, the Adminis- place the reinstated community on
trator, in order to evaluate the com- probation as provided for in paragraph
munity's performance under the terms (b) of this section.
of its submission, may withhold rein- (g) The Administrator shall promptly
statement for a period not to exceed notify the servicing company and any
one year from the date of his receipt of insurers issuing flood insurance pursu-
the satisfactory submission or place ant to an arrangement with the Ad-
the community on probation as pro- ministrator of those communities
234
Federal Emergency Management Agency §60.1
whose eligibility has been suspended or CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31,
which have withdrawn from the pro- 1979,44 FR 19367,3 CFR, 1979 Comp., p.376.
gram. Flood insurance shall not be soldSouaas: 41 FR 46975, Oct. 26, 1976, unless
or renewed :Ln those communities. Poll- otherwise noted.Redesignated at 44 FR 31177,
ciee sold or renewed within a commu- May 31, 1979.
nity during a period of ineligibility are
deemed to be voidable by the Adminis- Subpart A—Requirements for
trator whether or not the parties to Flood Plain Management
sale or renewal had actual notice of the Regulations
ineligibility.
[41 FR-46968, Oct. 26, 1976. Redesignated at 44 §t101 Purpose of subpart.
FR 31177, May 31.1979, and amended at 48 FR (a) The Act provides that flood insur-
44543 and 44552, Sept. 29, 1983;49 FR 4751, Feb. ance shall not be sold or renewed under
8, 1984; 50 FR 36023, Sept. 4, 1985; 57 FR 19540, the program within a community, un-
May 7, 1992; 59 FR 53598, Oct. 25, 1994; 62 FR less the community has adopted ade-
55715, Oct. 27, 1997]
quate flood plain management regula-
tionsPART 60—CRITERIA FOR LAND consistent with Federal criteria.
MANAGEMENT AND USE Responsibility for establishing such
criteria is delegated to the Adminis-
trator.Su Subpart A—R rements for Flood Plain (b
bPa ri-
Man gement Regulationsteria developedThis subpart setsaccordancefort the the
� e9 in with the
Sec. Act by which the Administrator will
60.1 Purpose of subpart. determine the adequacy of a commu-
60.2 Minimum compliance with flood plain nity's flood plain management regula-
management criteria. tions. These regulations must be le-
60.3 Flood plain management criteria for gaily-enforceable, applied uniformly
flood-prone areas. throughout the community to all pri-
60.4 Flood plain management criteria for vately and publicly owned land within
mudslide (i.e.,mudflow)-prone areas.
60.5 Flood plain management criteria for flood-prone, mudslide (i.e., mudflow) or
flood-related erosion-prone areas. flood-related erosion areas, and the
60.6 Variances and exceptions. community must provide that the reg-
60.7 Revisions of criteria for flood plain ulations take precedence over any less
management regulations. restrictive conflicting local laws, ordi-
60.8 Definitions. nances or codes. Except as otherwise
Subpart RequirementsB— for State Flood provided in §60.6, the adequacy of such
Plain Management Regulations F regulations shall be determined on the
basis of the standards set forth in §60.3
60.11 Purpose of this subpart. for flood-prone areas, §60.4 for mudslide
60.12 Flood plain management criteria for areas and §60.5 for flood-related erosion
State-owned properties in special ha7nrd areas.
areas. (c) Nothing in this subpart shall be
60.13 Noncompliance. construed as modifying or replacing
Subpart C—Additional Considerations In the general requirement that all eligi-
Managiry Flood-Prone, Mudslide (i.e., ble communities must take into ac-
Mudflow-Prone, and Flood-Related count flood, mudslide (i.e., mudflow)
Erosion-Prone Areas and flood-related erosion hazards, to
the extent that they are known, in all
60.21 Purpose of this subpart. official actions relating to land man-
60.22 Planning considerations for flood- agement and use.
prone areas. (d) The criteria set forth in this sub-
60.23 Planning considerations for mudslide part are minimum standards for the
(i.e., mudflow)-prone areas. adoption of flood plain management60.24 Planning considerations for flood-re- adoption of flood plain management
lated erosion-prone areas. regulations by flood-prone, mudslide
60.25 Designation, duties, and responsibil- (i.e., mudflow)-prone and flood-related
ities of State Coordinating Agencies. erosion-prone communities. Any corn-
60.26 Local coordination. munity may exceed the minimum cri-
ACTHoRrrY: 42 U.S.C. 4001 et seq.; Reorga- teria under this part by adopting more
nization Plan No. 3 of 1978, 43 FR 41943, 3 comprehensive flood plain management
235
§60.2 44 CFR Ch. I (10-1-98 Edition)
regulations utilizing the standards having special erosion hazards are de-
such as contained in subpart C of this lineated in which to meet the require-
part. In some instances, community of- ments of§60.5(b).
facials may have access to information (d) Communities identified in part 65
or knowledge of conditions that re- of this subchapter as containing more
quire, particularly for human safety, than one type of hazard (e.g., any corn-
higher standards than the minimum bination of special flood, mudslide (i.e.,
criteria set forth in subpart A of this mudflow), and flood-related erosion
part. Therefore, any flood plain man- hazard areas) shall adopt flood plain
agement regulations adopted by a management regulations for each type
State or a community which are more of hazard consistent with the require-
restrictive than the criteria set forth ments of§§60.3, 60.4 and 60.5.
in this part are encouraged and shall (e) Local flood plain management
take precedence. regulations may be submitted to the
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 State Coordinating Agency designated
FR 31177, May 31, 1979, as amended at 48 FR pursuant to §60.25 for its advice and
44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984] concurrence. The submission to the
State shall clearly describe proposed
§80.2 Minimum compliance with flood enforcement procedures.
plain management criteria
(f) The community official respon-
(a) A flood-prone community apply-
sible for submitting annual or biennial
ing for flood insurance eligibility shall reports to the Administrator pursuant
meet the standards of §60.3(a) in order to §59.22(b)(2) of this subchapter shall
to become eligible if a FHBM has not also submit copies of each annual or bi-
been issued for the community at the ennial report to any State Coord;inat-
time of application. Thereafter, the ing Agency.
community will be given a period of six (g) A community shall assure that its
months from the date the Aort - comprehensive plan is consistent with
trator provides the data set forth h in the flood plain management objectives
§60.3(b), (c), (d), (e) or (f), in which to of this part.
meet the requirements of the applica-
ble paragraph. If a community has re-
ceived a FHBM, but has not yet applied enforce flood plain management regu-
for Program eligibility, the community lations based on data provided by the
shall apply :for eligibility directly Administrator. Without prior approval
under the stan ards set forth in of the Administrator, the community
§60.3(b). Thereafter, the community shall not adopt and enforce flood plain
will be given a period of six months management regulations based upon
from the date the Administrator pro- modified data reflecting natural or
vides the data set forth in §60.3(c), (d), man-made physical changes.
(e) or (f) in which to meet the require- [41 FR 46975, Oct. 26, 1976. Redesignated at 44
ments of the applicable paragraph. FR 31177, May 31, 1979, as amended at 48 FR
(b) A mudslide (i.e.,. mudflow)-prone 29318, June 24, 1983; 48 FR 44552, Sept. 29. 1983;
community applying for flood insur- 49 FR 4751, Feb. 8, 1984; 50 FR 36024. Sept. 4,
ance eligibility shall meet the stand- 1985; 59 FR 53598, Oct. 25, 1994; 62 FR 55716,
ards of §60.4 a) to become eligible. Oct. 27, 1997]
Thereafter, the community will be §�� need pain management <a iteria
given a period of six months from the for flood-prone areas.
date the mudslide (i.e., mudflow) areas
having special mudslide hazards are de- The Administrator will provide the
lineated in which to meet the require- data upon which flood plain manage-
ments of§60.4(b). ment regulations shall be based. If the
(c) A flood-related erosion-prone Administrator has not provided suffi-
community applying for flood insur- cient data to furnish a basis for these
ante eligibility shall meet the stand- regulations in a particular community,
ards of §60.5(a) to become eligible. the community shall obtain, review
Thereafter, the community will be and reasonably utilize data available
given a period of six months from the from other Federal, State or other
date the flood-related erosion areas sources pending receipt of data from
236
Federal Emergency Management Agency §60.3
the Administrator. However, when spe- ment and other service facilities that
cial flood hazard area designations and are designed and/or located so as to
water surface elevations have been fur- prevent water from entering or accu-
nished by the Administrator, they mutating within the components dur-
shall apply. The symbols defining such ing conditions of flooding.
special flood hazard designations are (4) Review subdivision proposals and
set forth in 164.3 of this subchapter. In other proposed new development, in-
all cases the minimum requirements eluding
manufactured
governing the adequacy of the flood
plain management regulations for subdivisions,h to determine whether
home parks or
flood-prone areas adopted by a particu- such proposals will be reasonably safe
lar community depend on the amount from flooding. If a subdivision proposal
of technical data formally provided to or other proposed new development is
the community by the Administrator. in a flood-prone area, any such propos-
Minimum standards for communities als shall be reviewed to assure that (i)
are as follows: all such proposals are consistent with
(a) When the Administrator has not the need to minimize flood damage
defined the special flood hazard areas within the flood-prone area, (11) all
within a community, has not provided public utilities and facilities, such as
water surface elevation data, and has sewer, gas, electrical, and water sys-
not provided sufficient data to identify terns are located and constructed to
the floodway or coastal high hazard minimize or eliminate flood damage,
area, but the community has indicated and (iii) adequate drainage is provided
the presence of such hazards by sub- to reduce exposure to flood hazards;
mitting an application to participate (5) Require within flood-prone areas
in the Program, the community shall: new and replacement water supply ays-
(1) Require permits for all proposed tents to be designed to minimize or
construction or other development in eliminate infiltration of flood waters
the community, including the place- into the systems; and
ment of manufactured homes, so that (6) Require within flood-prone areas
it may determine whether such con- (i) new and replacement sanitary sew-
struction or other development is pro-
posed within flood-prone areas; age systems to be designed to minimize
(2) Review proposed development to toro eliminate infiltration of flood wa-
gee
assure that all necessary permits have rs into the systems and discharges
been received from those governmental from the systems into flood waters and
agencies from which approval is re- (ii) onsite waste disposal systems to be
quired by Federal or State law, includ- located to avoid impairment to them
ing section 404 of the Federal Water or contamination from them during
Pollution Control Act .Amendments of flooding.
1972, 33 U.S.C. 1334; (b) When the Administrator has des-
(3) Review all permit applications to ignated areas of special flood hazards
determine whether proposed building (A zones) by the publication of a com-
sites will be reasonably safe from munity's FHBM or FIRM, but has nei-
flooding. If a proposed building site is ther produced water surface elevation
in a flood-prone area, all new construe- data nor identified a floodway or coast-
tion and substantial improvements al high hazard area, the community
shall (f) be designed (or modified) and shall:
adequately anchored to prevent flota- (1) Require permits for all proposed
tion, collapse, or lateral movement of construction and other developments
the structure resulting from hydro- including the placement of nnanufac-
dynamic and hydrostatic loads, includ- tured homes, within Zone A on the
ing the effects of buoyancy, (ii) be con- community's FARM or FIRM;
structed with materials resistant to (2) Require the application of the
flood damage, (iii) be constructed by standards in paragraphs (a) (2`, 3), (4),
methods and practices that minimize
flood damages, and (iv) be constructed (5) and (6) of this section to develop
with electrical, heating, ventilation, ment within Zone A on the commu-
plumbing, and air conditioning equip- nity's FABM or FIRM;
237
§60.3 44 CFR Ch. I (10-1-98 Edition)
(3) Require that all new subdivision ment is in addition to applicable State
proposals and other proposed develop- and local anchoring requirements for
ments (including proposals for maim- resisting wind forces.
factored home parks and subdivisions) (c) When the Administrator has pro-
greater than 50 lots or 5 acres, which- vided a notice of final flood elevations
ever is the lesser, include within such for one or more special flood hazard
proposals base flood elevation data; areas on the community's FIRM and, if
(4) Obtain, review and reasonably uti- appropriate, has designated other spe-
lize any base flood elevation and cial flood ba7ard areas without base
floodway data available from a Fed- flood elevations on the community's
eral, State, or other source, including FIRM, but has not identified a regu-
data developed pursuant to paragraph latory floodway or coastal high hazard
(b)(3) of this section, as criteria for re- area, the community shall:
quiring that new construction, sub- (1) Require the standards of para-
stantial imprcvements, or other devel- graph (b) of this section within all Al-
opment in Zone A on the community's 30 zones, AE zones, A zones, AH zones,
FHBM or FIRM meet the standards in and AO zones, on the community's
paragraphs (c)(2), (c)(3), (c)(5), (c)(6), FIRM;
(0)(12), (c)(14), (d)(2) and (d)(3) of this (2) Require that all new construction
section; and substantial improvements of resi-
(5) Where base flood elevation data dential structures within Zones Al-30,
are utilized, within Zone A on the corn- AE and All zones on the community's
munity's FHB:M or FIRM: FIRM have the lowest floor (including
(i) Obtain tie elevation (in relation basement) elevated to or above the
to mean sea level) of the lowest floor base flood level, unless the community
(including basement) of all new and is granted an exception by the Admin-
substantially improved structures, and istrator for the allowance of basements
(ii) Obtain, :if the structure has been in accordance with §60.6 (b) or (c);
floodproofed in accordance with pars- (3) Require that all new construction
graph (c)(3)(iil of this section, the ele- and substantial improvements of non-
vation (in relation to mean sea level) residential structures within Zones Al-
to which the structure was 30, AE and Ali zones on the commu-
floodproofed, and nity's firm (i) have the lowest floor (in-
(iii) Maintain a record of all such in- eluding basement) elevated to or above
formation with the official designated the base flood level or, (ii) together
by the community under §5922 with attendant utility and sanitary fa-
(a)(9)(iii); cilities, be designed so that below the
(6) Notify, in riverine situations, ad- base flood level the structure is water-
jacent communities and the State Co- tight with walls substantially imper-
ordinating Office prior to any alter- meable to the passage of water and
ation or relocation of a watercourse, with structural components having the
and submit copies of such notifications capability of resisting hydrostatic and
to the Administrator; hydrodynamic loads and effects of
(7) Assure that the flood carrying ca- buoyancy;
pacity within the altered or relocated (4) Provide that where a non-residen-
portion of any watercourse is main- tial structure is intended to be made
tamed; watertight below the base flood level,
(8) Require that all manufactured (1) a registered professional engineer or
homes to be placed within Zone A on a architect shall develop and/or review
community's FHBM or FIRM shall be structural design, specifications, and
installed using methods and practices plans for the construction, and shall
which minimize flood damage. For the certify that the design and methods of
purposes of this requirement, manufac- construction are in accordance with ac-
tured homes must be elevated and an- cepted standards of practice for meet-
chored to resist flotation, collapse, or ing the applicable provisions of pare-
lateral movement. Methods of anchor- graph (c)(3)(ii) or (c)(8)(ii) of this see-
ing may include, but are not to be lim- tion, and (ii) a record of such certifi-
ited to, use of over-the-top or frame cates which includes the specific ele-
ties to ground anchors. This require- vation (in relation to mean sea level)
238
Federal Emergency Management Agency §60.3
to which such structures are number specified in feet on the commu-
floodproofed shall be maintained with nity's FIRM (at least two feet if no
the official designated by the commu- depth number is specified);
nity under$59.22(a)(9)(iii); (8) Require within any AO zone on
(5) Require, for all new construction the community's FIRM that all new
and substantial improvements, that construction and substantial improve-
fully enclosed areas below the lowest meats of nonresidential structures (i)
floor that are usable solely for parking have the lowest floor (including base-
of vehicles, building access or storage meat) elevated above the highest adja-
in an area other than a basement and cent grade at least as high as the depth
which are subject to flooding shall be number specified in feet on the commu-
designed to automatically equalize hy- nity's FIRM (at least two feet if no
drostatic flood forces on exterior walls depth number is specified), or (ii) to-
by allowing for the entry and exit of gether with attendant utility and sani-
floodwaters. Designs for meeting this tary facilities be completely
requirement must either be certified floodproofed to that level to meet the
by a registered professional engineer or floodproofing standard specified in
architect or meet or exceed the follow- §60.3(c)(3)(ii);
ing minimum criteria: A minimum of (9) Require within any A99 zones on a
two openings having a total net area of community's FIRM the standards of
not less than one square inch for every paragraphs (a)(1) through (a)(4)(1) and
square foot of enclosed area subject to (b)(5) through (b)(9) of this section;
flooding shall be provided. The bottom (10) Require until a regulatory
of all openings shall be no higher than floodway is designated, that no new
one foot above grade. Openings may be construction, substantial improve-
equipped with screens, louvers, valves, ments, or other development (including
or other coverings or devices provided fill) shall be permitted within Zones
that they permit the automatic entry A1-30 and AE on the community's
and exit of floodwaters. FIRM, unless it is demonstrated that
(6) Require that manufactured homes the cumulative effect of the proposed
that are placed or substantially im- development, when combined with all
proved within Zones Al-S0, AEI, and AE other existing and anticipated develop-
on the community's FIRM on sites ment, will not increase the water sur-
(i) Outside of a manufactured home face elevation of the base flood more
park or subdivision, than one foot at any point within the
(1i) In a new manufactured home community.
park or subdivision, (11) Require within Zones Ali and AO,
(iii) In an expansion to an existing adequate drainage paths around struc-
manufactured home park or subdivi- tures on slopes, to guide floodwaters
sion, or around and away from proposed struc-
(iv) In an existing manufactured tures.
home park or subdivision on which a (12) Require that manufactured
manufactured home has incurred "sub- homes to be placed or substantially im-
stantial damage" as the result of a proved on sites in an existing menufac-
flood, be elevated on a permanent foun- tured home park or subdivision within
dation such that the lowest floor of the Zones A-1-30, All, and AE on the com-
manufactured home is elevated to or munity's FIRM that are not subject to
above the base flood elevation and be the provisions of paragraph (c)(6) of
securely anchored to an adequately an- this section be elevated so that, either
chored foundation system to resist (i) The lowest floor of the manufac-
floatation collapse and lateral move- tured home is at or above the base
ment. flood elevation, or
(7) Require within any AO zone on (ii) The manufactured home chassis
the community's FIRM that all new is supported by reinforced piers or
construction and substantial improve- other foundation elements of at least
ments of residential structures have equivalent strength that are no less
the lowest floor (including basement) than 36 inches in height above grade
elevated above the highest adjacent and be securely anchored to an ade-
grade at least as high as the depth quately anchored foundation system to
239
§60.3 44 CFR Ch. I (10-1-98 Edition)
resist floatation, collapse, and lateral floodway unless it has been dem-
movement. onstrated through hydrologic and hy-
(13) Notwithstanding any other provi- draulic analyses performed in accord-
sions of §60.3, a community may ap- ance with standard engineering prac-
prove certain development in Zones Al- tice that the proposed encroachment
30, AE, and AH, on the community's would not result in any increase in
FIRM which increase the water surface flood levels within the community dur-
elevation of the base flood by more ing the occurrence of the base flood
than one foot, provided that the com- discharge:
munity first applies for a conditional (4) Notwithstanding any other provi-
FIRM revision, fulfills the require- sions of §60.3, a community may per-
ments for such a revision as estab- mit encroachments within the adopted
lished under the provisions of §65.12, regulatory floodway that would result
• and receives the approval of the Ad- in an increase in base flood elevations,
ministrator. provided that the community first ap-
(14) Require that recreational vehi- plies for a conditional FIRM and
cies placed on sites within Zones A1-30, floodway revision, fulfills the require-
AH, and AE nn the community's FIRM ments for such revisions as established
either under the provisions of §65.12, and re-
(i) Be on the site for fewer than 180 ceives the approval of the Adminis-•
consecutive days, trator.
(ii) Be fully licensed and ready for (e) When the Administrator has pro-
highway use, or vided a notice of final base flood ele-
(iii) Meet the permit requirements of vations within Zones A1-30 and/or AE
paragraph (b)(1) of this section and the on the community's FIRM and, if ap-
elevation and anchoring requirements propriate, has designated AR zones, AO
for "manufactured homes" in para- zones, A99 zones, and A zones on the
graph (c)(6) of this section. community's FIRM, and has identified
A recreational vehicle is ready for on the community's FIRM coastal high
highway use if it is on its wheels or hazard areas by designating Zones VI--
jacking system, is attached to the site 30, VE, and/or V, the community shall:
only by quick disconnect type utilities (1) Meet the requirements of para-
and security devices, and has no per- graphs (c)(1) through (14) of this sec-
manently at:.a.ched additions. tion;
(d) When the Administrator has pro- (2) Within Zones VI-30, VE, and V on
vided a notice of final base flood ele- a community's FIRM, (i ) obtain the
vations within Zones Al-30 and/or AE elevation (in relation to mean sea
on the community's FIRM and, if ap- level) of the bottom of the lowest
propriate, has designated AO zones, AH structural member of the lowest floor
zones, A99 zones, and A zones on the (excluding pilings and columns) of all
community's FUtM, and has provided new and substantially improved struc-
data from which the community shall tures, and whether or not such struc-
designate its regulatory floodway, the tures contain a basement, and (ii)
community shall: maintain a record of all such iniorma-
(1) Meet the requirements of pars- tion with the official designated by the
graphs (c) (7.) through (14) of this sec- community under§59.22(a)(9)(ii.i);
tion; (3) Provide that all new construction
(2) Select and adopt a regulatory within Zones V1-30, VE, and V on the
floodway based on the principle that community's FIRM is located landward
the area chosen for the regulatory of the reach of mean high tide;
floodway must be designed to carry the (4) Provide that all new construction
waters of the base flood, without in- and substantial improvements in Zones
creasing the water surface elevation of VI-30 and VE, and also Zone V if base
that flood more than one foot at any flood elevation data is available, on the
point; community's FIRM, are elevated on
(3) Prohibit encroachments, includ- pilings and columns so that (i) the bot-
ing fill, new construction, substantial tom of the lowest horizontal structural
improvements, and other development member of the lowest floor (excluding
within the adopted regulatory the pilings or columns) is elevated to
240
Federal Emergency Management Agency §60.3
or above the base flood level; and (ii) base flood. Wind loading values used
the pile or column foundation and shall be those required by applicable
structure attached thereto is anchored State or local building standards.
to resist flotation, collapse and lateral Such enclosed space sba1l be 'useable
movement due to the effects of wind solely for parkin of vehicles, building
and water loads acting simultaneously access, or storage.
on all building components. Water (6) Prohibit the use of fill for struc-
loading values used shall be those asso- tural support of buildings within Zones
dated with the base flood. Wind load- V1-30, VE, and V on the community's
ing values used shall be those required FIRM;
by applicable State or local building (7) Prohibit man-made alteration of
standards. A registered professional en- sand dunes and mangrove stands with-
gineer or architect shall develop or re- in Zones V1-30, VE, and V on the corn-
view the structural design, specifica- munity's FIRM which would increase
tons and plans for the construction, potential flood damage.
and shall certify that the design and (8) Require that manufactured homes
methods of construction to be used are placed or substantially improved with-
in accordance with accepted standards in Zones V1-30, V, and VE on the corn-
of practice for meeting the provisions munity's FIRM on sites
of paragraphs (e)(4) (I) and (ii) of this (1) Outside of a manufactured home
section. park or subdivision,
(5) Provide that all new construction (11) In a new manufactured home
and substantial improvements within park or subdivision,
Zones V1-30, VE, and V on the commu- (iii) In an expansion to an existing
nity's FIRM have the space below the manufactured home park or subdivi-
lowest floor either free of obstruction sion, or
or constructed with non-supporting (iv) In an existing manufactured
breakaway 'walls, open wood lattice- home park or subdivision on which a
work, or insect screening intended to manufactured home has incurred "sub-
collapse under wind and water loads stantial damage" as the result of a
without causing collapse, displace- flood, meet the standards of paragraphs
ment, or other structural damage to (e)(2) through (7) of this section and
the elevated portion of the building or that manufactured homes placed or
supporting foundation system. For the substantially improved on other sites
purposes of this section, a breakway in an existing manufactured home park
wall shall have a design safe loading re- or subdivision within Zones V7:-30, V,
sistance of not less than 10 and no more and VE on the community's FIRM
than 20 pounds per square foot. Use of meet the requirements of paragraph
breakway walls which exceed a design (c)(12) of this section.
safe loading resistance of 20 pounds per (9) Require that recreational vehicles
square foot (either by design or when placed on sites within Zones 'V1-30, V,
so required by local or State codes) and VE on the community's FIRM ei-
may be permitted only if a registered ther
professional engineer or architect cer- (i) Be on the site for fewer than 180
tifies that the designs proposed meet consecutive days,
the following conditions: (ii) Be fully licensed and ready for
(i) Breakaway wall collapse shall re- highway use, or
salt from a water load less than that (iii) Meet the requirements in para-
which would occur during the base graphs (b)(1) and (e) (2) through (7) of
flood; and, this section.
(ii) The elevated portion of the build- A recreational vehicle is ready for
ing and supporting foundation system highway use if it is on its wheels or
shall not be subject to collapse, dis- jacking system, is attached to the site
placement, cr other structural damage only by quick disconnect type utilities
due to the effects of wind and water and security devices, and has no per-
loads acting simultaneously on all manently attached additions.
building components (structural and (f) When the Administrator has pro-
non-structural). Water loading values vided a notice of final base flood ele-
used shall be those associated with the vations within Zones A1-30 or AE on
241
§60,4 44 CFR Ch. I (10-1-98 Edition)
the community's FIRM, and, if appro- (1) Determine the A1-30 or AE,. AH,
priate, has designated AH zones, AO AO, or A Zone base flood elevation; and
zones, A99 zones, and A zones on the (ii) Using this elevation apply the re-
community's FIRM, and has identified quirements of paragraphs (c)(1)
flood protection restoration areas by through (14) of this section.
designating Zones AR, AR/A1-30, AR] (7) Notify the permit applicant that
AE, AR/AH, AR/AO, or ARIA, the corn- the area has been designated as an AR,
munity shall: AR/A1-30, AR/AE, AR/AH, AR/AO, or
(1) Meet the requirements of para- ARIA Zone and whether the structure
graphs (c)(1) through (14) and (d)(1) will be elevated or protected to or
through (4) of this section. above the AR base flood elevation..
(2) Adopt the official map or legal de- (41 FR 46975.Oct. 26, 1976)
scription of those areas within Zones EnrroaIAT,NOTE: For FEDERAL REGISTER ci-
AR, AR/A1-30, ARJAE, AR/AH, ARIA, or tations affecting §60.3, see the List of Sec-
ARIAO that are designated developed tions Affected in the Finding Aids section of
areas as defined in §59.1 in accordance this volume.
with the eligibility procedures under
§65.14. §60.4 Flood plain management criteria
(3) For all new construction of struc- for mudslide (i.e., mudflow)-prone
tures in areas within Zone AR that are ems'
designated as developed areas and in The Administrator will provide the
other areas within Zone AR where the data upon which flood plain manage-
AR flood depth is 5 feet or less: ment regulations shall be based.. If the
(i) Determine the lower of either the Administrator has not provided suffi-
AR base flood elevation or the ele- cient data to furnish a basis for these
vation that is 3 feet above highest adja- regulations in a particular community,
cent grade; and the community shall obtain, review,
(ii) Using this elevation, require the and reasonably utilize data available
standards of paragraphs (c)(1) through from other Federal, State or other
(14) of this section. sources pending receipt of data. from
(4) For all new construction of struc- the Administrator. However, when spe-
tures in those areas within Zone AR cial mudslide (i.e., mudflow) hazard
that are not designated as developed area designations have been furnished
areas where the AR flood depth is by the Administrator, they shall apply.
greater than 5 feet: The symbols defining such special
(i) Determine the AR base flood ele- mudslide (Le., mudflow) hazard des-
ignations are set forth in §64.3 of this
vation; and
Using that elevation require the subchapter. In all cases, the minimum
(ii)
mud-
standards of paragraphs (c)(1) through flow)-prone
requremne areass for adopted
(a p t(14) of this section. flow communityd adopted they pa aunt
nt
(5) For all new construction of struc- ofoartechnical
data depend edon the corn-
tures in areas within Zone AR/A1-30, munity byl the provided a oini-
ARJAE, AR/MI, AR/AO, and AR/A: m n Adminisunitie are as
mum standards for communities as
(i) Determine the applicable ele- follows:
vation for Zone AR from paragraphs (a) When the Administrator has not
(a)(3) and (4) of this section; yet identified any area within the com-
(ii) Determine the base flood ele- munity as an area having special
vation or flood depth for the underly- mudslide (i.e., mudflow) hanstrds, but
ing A1-30, AE, All, AO and A Zone; and the community has indicated the pres-
(iii) Using 'the higher elevation from ence of such hazards by submitting an
paragraphs (a)(5)(i) and (ii) of this sec- application to participate in the Pro-
tion require the standards of para- gram, the community shall
graphs (c)(1) through (14) of this sec- (1) Require permits for all proposed
tion. construction or other development in
(6) For all substantial improvements the community so that it may deter-
to existing construction within Zones mine whether development is proposed
AR/A1-30, AR/AE, AR/All, AR/AO, and within mudslide (i.e., mudflow)-prone
AR/A: areas;
242
Federal Emergency Management Agency §60.5
(2) Require review of each permit ap- through 7008, and 7008 through 7015.
placation to determine whether the The Uniform Building Code is pub-
proposed site and improvements will be lished by the International Conference
reasonably safe from mudslides (Le., of Building Officials, 50 South Los
mudflows). Factors to be considered in Robles, Pasadena, California 91101.
making such, a determination should
include but not be limited to (1) the [41 FR 46975, Oct. 96, 1976. Redesignated at 44
type and quality of soils, (ii) any evi- FR 81177, May 31, 1979, as amended at 48 FR
44552dance of ground water or surface water Sept. �' 1983; 49 FR 4751, Feb. 8, 1984]
problems, (iii.) the depth and quality of §60.5 Flood plain management criteria
any fill, (iv) the overall slope of the for flood-related erosion-prone
site, and (v) the weight that any pro- was,
posed structure will impose on the The Administrator will
slope; provide the
(3) Require. 1f a proposed site and im- data upon which flood plain manage-
provements are in a location that may ment regulations for flood-related ero-
have mudslide (i.e., mudflow) innrds, sion-prone areas shall be based. If the
that (i) a site investigation and further Administrator has not provided su.ffl-
review be made by persons qualified in dent data to furnish a basis for these
geology and soils engineering, (ai) the regulations in a particular community,
proposed grading, excavations, new the community shall obtain, review,
construction. and substantial improve- and reasonably utilize data available
ments are adequately designed and pro- from other Federal, State or other
tested against mudslide (i.e., mudflow) sources, pending receipt of data from
damages, (111) the proposed grading, ex- the Administrator. However, when spe-
cavations, new construction and sub- cial flood-related erosion hazard area
stantial improvements do not aggra- designations have been furnished by
vate the existing hazard by creating ei- the Administrator they shall. apply.
ther on-site or off-site disturbances, The symbols defining such special
and (iv) drainage, planting, watering, flood-related erosion hazard designa-
and maintenance be such as not to en- tions are set forth in §64.3 of this sub-
danger slope stability. chapter. In all cases the minimum re-
(b) When the Administrator has de- quirements governing the adequacy of
lineated Zone M on the community's the flood plain management regula-
FIRM, the community shall: tions for flood-related erosion-prone
(1) Meet the requirements of para- areas adopted by a particular comma-
graph (a) of this section; and nity depend on the amount of technical
(2) Adopt and enforce a grading orda- data provided to the community by the
nance or regulation in accordance with Administrator. Minimum standards for
data supplied by the Administrator communities are as follows:
which (I) regulates the location of (a) When the Administrator has not
foundation systems and utility systems
of new construction and substantial yet identified any area within the corn-
improvements, (ii) regulates the loca- munity as having special flood-related
tion, drainage and maintenance of all erosion hazards, but the community
excavations, cuts and fills and planted has indicated the presence of such ham
slopes, UM provides special require-
participate by submitting an application to
ments for protective measures includ-
ing but not necessarily limited to re- munity shall
taming walls., buttress fills, sub-drains, (1) Require the issuance of a permit
diverter terraces, benchings, etc., and for all proposed construction, or other
(iv) requires engineering drawings and development in the area of flood-relat-
specifications to be submitted for all ed erosion hazard, as it is known to the
corrective measures, accompanied by community;
supporting soils engineering and geol- (2) Require review of each permit ap-
ogy reports. Guidance may be obtained placation to determine whether the
from the provisions of the 1973 edition proposed site alterations and improve-
and any subsequent edition of the Uni- ments will be reasonably safe from
form Building Code, sections 7001 flood-related erosion and will not cause
243
§60.6 44 CFR Ch. I (10-1-98 EcUtion)
flood-related erosion hazards or other- trator may review a community's find-
wise aggravate the existing flood-relat- ings justifying the ranting of
ed erosion hazard; and variances, and if that review indicates
(3) If a proposed improvement is a pattern inconsistent with the objec-
found to be in the path of flood-related tives of sound flood plain management,
erosion or to increase the erosion haz- the Administrator may take appro-
ard, require the improvement to be re- priate action under §59.24(b) of this
located or adequate protective mess- subchapter. Variances may be issued
tares to be taken which will not aggra- for the repair or rehabilitation of his-
vate the existing erosion hazard. toric structures upon a determination
(b) When the Administrator has de- that the proposed repair or rehabilita-
lineated Zone E on the community's tion will not preclude the structure's
FIRM, the community shall continued designation as a historic
(1) Meet the requirements of pars- structure and the variance is the mini-
graph (a) of this section; and mum necessary to preserve the historic
(2) Require a setback for all new de- character and design of the structure.
velopment from the ocean, lake, bay, Procedures for the granting of
riverfront or other body of water, to variances by a community are as fol-
create a safety buffer consisting of a lows:
natural vegetative or contour strip. (1) Variances shall not be issued by a
This buffer will be designated by the community within any designated reg-
Administrator according to the flood- ulatory floodway if any increase in
related erosion hazard and erosion flood levels during the base flood die-
rate, in conjunction with the antici- charge would result;
pated "useful life" of structures, and (2) Variances may be issued by a
depending upon the geologic, hydro- community for new construction and
logic, topographic and climatic charac- substantial improvements to be erected
teristics of the community's land. The on a lot of one-half acre or less in size
buffer may oe used for suitable open contiguous to and surrounded by lots
space purposes, such as for agricul- with existing structures constructed
tural, forestry, outdoor recreation and below the base flood level, in conform-
wildlife habitat areas, and for other ac- ance with the procedures of paragraphs
tivities using' temporary and portable (a) (3), (4), (5) and (6) of this section;
structures only. (3) Variances shall only be issued by
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 a community upon (i) a showing of
FR 31117, May 31, 1979, as amended at 48 FR good and sufficient cause, (ii) a deter-
44552, Sept. 29 1983; 49 FR 4751, Feb. 8, 1984] mination that failure to grant the vari-
ance would result in exceptional hard-
*60.6 Variances and exceptions. ship to the applicant, and (iii) a, deter-
(a) The Administrator does not set mination that the granting of a veal-
forth absolute criteria for granting ance will not result in increased flood
variances from the criteria set forth in heights, additional threats to public
§§60.3, 60.4, and 60.5. The issuance of a safety, extraordinary public expense,
variance is for flood plain management create nuisances, cause-fraud on or vic-
purposes o:aly. Insurance premium timitation of the public, or conflict
rates are determined by statute accord- with existing local laws or ordinances;
ing to actuarial risk and will not be (4) Variances shall only be issued
modified by the granting of a variance. upon a determination that the variance
The community, after examining the is the minimum necessary, considering
applicant's hardships, shall approve or the flood hazard, to afford relief;
disapprove a request. While the grant- (5) A community shall notify the ap-
ing of variances generally is limited to plicant in writing over the signature of
a lot size less than one-half acre (as set a community official that (i) the
forth in paragraph (a)(2) of this sec- issuance of a variance to construct a
Lion), deviations from that limitation structure below the base flood level
may occur. However, as the lot size in- will result in increased premium rates
creases beyond one-half acre, the tech- for flood insurance up to amounts as
nical justification required for issuing high as $25 for $100 of insurance coy-
a variance increases. The Adminis- erage and (ii) such construction below
244
Federal Emergency Management Agency §60.6
the base flood level increases risks to exception under paragraph (b)(1) of this
life and property. Such notification section will have significant impact on
shall be maintained with a record of all the human environment. The decision
variance actions as required in pars- whether an Environmental ]impact
graph (a)(6) of this section; and Statement or other environmental doc-
(6) A community shall (1) maintain a ument will be prepared, will be made in
record of all variance actions, includ- accordance with the procedures set out
ing justification for their issuance, and in 44 CFR part 10. Ninety or more days
(ii) report such variances issued in its may be required for an environmental
annual or biennial report submitted to quality clearance if the proposed ex-
the Administrator. ception will have significant impact on
(7) Variances may be issued by a the human environment thereby re-
community for new construction and quiring an EIS.
substantial improvements and for (c) A community may propose flood
other development necessary for the plain management measures which
conduct of a functionally dependent adopt standards for floodproofed resi-
use provided that (i) the criteria of dential basements below the base flood
paragraphs (a)(1) through (a)(4) of this level in zones Al-30, AH, AO, and AE
section are met, and (ii) the structure which are not subject to tidal flooding.
or other development is protected by Nothwithstanding the requirements of
methods that minimize flood damages paragraph (b) of this section the Ad-
during the base flood and create no ad- ministrator may approve the proposal
ditional threats to public safety. provided that:
(b)(1) The requirement that each (1) The community has demonstrated
flood-prone, mudslide (i.e., mudflow)- that areas of special flood hazard in
prone, and flood-related erosion prone which basements will be permitted are
community must adopt and submit subject to shallow and low velocity
adequate flood plain management regu- flooding and that there is adequate
lations as a condition of initial and flood warning time to ensure that all
continued flood insurance eligibility is residents are notified of impending
statutory and cannot be waived, and
such regulations shall be adopted by a floods. For the purposes of this in-
pare-
community within the time periods graph flood characteristics racist specified in §§60.3, 60.4 or §60.5. How- clods:
ever, certain exceptions from the (i) Flood depths that are five feet or
standards contained in this subpart less for developable lots that are con-
may be permitted where the Adminis- tiguous to land above the base flood
trator recognizes that, because of ex- level and three feet or less for other
traordinary circumstances, local condi- lots;
tions may render the application of (ii) Flood velocities that are five feet
certain standards the cause for severe per second or less; and
hardship and gross inequity for a par- (iii) Flood warning times that are 12
titular community. Consequently, a hours or greater. Flood warning times
community proposing the adoption of of two hours or greater may be ap-
flood plain management regulations proved if the community demonstrates
which vary from the standards set that it has a flood warning system and
forth in §§6f'.3, 60.4, or §60.5, shall ex- emergency plan in operation that is
plain in writing to the Administrator adequate to ensure safe evacuation of
the nature and extent of and the rea- flood plain residents.
sons for the exception request and shall (2) The community has adopted flood
include sufficient supporting economic, plain management measures that re-
environmental, topographic, hydro- quire that new construction and sub-
logic, and other scientific and tech- stantial improvements of residential
nical data, a:ad data with respect to the structures with basements in zones Al-
impact on public safety and the envi- 30. AH, AO, and AE shall:
ronment. (i) Be designed and built so that any
(2) The Administrator shall prepare a basement area, together with attend-
Special Environmental Clearance to ant utilities and sanitary facilities
determine whether the proposal for an below the floodproofed design level, is
245
§60.7 44 CFR Ch. I (10-1-98 Edition)
watertight with walls that are imper- their flood plain management regula-
meable to the passage of water without tions to comply with any such changes.
human intervention. Basement walls �� Definitions
shall be built with the capacity to re- §
sist hydrostatic and hydrodynamic The definitions set forth in part 59 of
loads and the effects of buoyancy re- this subchapter are applicable to this
suiting from flooding to the part.
floodproofed design level, and shall be
designed so that minimal damage will Subpart B—Requirements for State
occur from floods that exceed that Flood Plain Management
level. The fioodproofed design level Regulations
shall be an elevation one foot above the
level of the base flood where the dif- §60.11 purpose of this subpart
ference between the base flood and the (a) A State is considered a "rommu-
500-year flood. is three feet or less and nity" pursuant to §59.1 of this sub-
two feet above the level of the base chapter; and, accordingly, the Act pro-
flood where the difference is greater vides that flood insurance shall not be
than three feet. sold or renewed under the Program un-
(ii) Have the top of the floor of any less a community has adopted adequate
basement area no lower than five feet flood plain management regulations
below the elevation of the base flood; consistent with criteria established by
(iii) Have -the area surrounding the the Administrator.
structure on all sides filled to or above (b) This subpart sets forth the flood
the elevation of the base flood. Fill l
pain management criteria required for
must be compacted with slopes pro- State-owned properties located within
tected by vegetative cover; special hazard areas identified by the
(iv) Have a registered professional Administrator. A State she11 satisfy
engineer or architect develop or review such criteria as a condition to the pur-
the building's structual design, sped- chase of a Standard Flood Insurance
flcations, and plans, including consid- Policy for a State-owned structure or
eration of the depth, velocity, and du- its contents, or as a condition to the
ration of flooding and type and per- approval by the Administrator, pursu-
rneability of soils at the building site, ant to part 75 of this subchapter, of its
and certify that the basement design plan of self-insurance.
and methods of construction proposed [41 FR 46975, Oct. 26, 1976. Redesignated at 44
are in accordance with accepted stand- FR 31177, May 31, 1979. as amended at 48 FR
aids of practice for meeting the provi- 44552, Sept. 29, 1983; 49 FR 4751, Feb. 6, 1984]
sions of this paragraph;
(v) Be inspected by the building in- §60.12 Flood plain management cri-
spector or other authorized representa- tens for State-owned properties in
tive of the community to verify that special hazard areas.
the structure is built according to its (a) The State shall comply with the
design and those provisions of this sec- minimum flood plain management cri-
tior. which are verifiable. teria set forth in §§60.3, 60.4, and 60.5. A
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 State either shall:
FR 31177, May 31, 1979, as amended at 48 FR (1) Comply with the flood plain man-
44543 and 44552, Sept. 29, 1983; 49 FR 4751, Feb. agement requirements of all local com-
8, 1984; 50 FR 36025, Sept. 4, 1985; 51 FR 30308, munities participating in the program
Aug. 25, 1986; 54 FR 33550, Aug. 15, 1989] in which State-owned properties are lo-
cated; or
§60.7 Revisions of criteria for flood (2) Establish and enforce flood plain
plain management regulations. management regulations which, at a
From time to time part 60 may be re- minimum, satisfy the criteria set forth
vised as experience is acquired under in §§60.3, 60.4. and 60.5.
the Program and new information be- (b) The procedures by which a state
comes available. Communities will be government adopts and administers
given six months from the effective flood plain management regulations
date of any new regulation to revise satisfying the criteria set forth in
246
Federal Emergency Management Agency §60.22
§§60.3, 60.4 and 60.5 may vary from the does not increase the danger to human
procedures by which local governments life;
satisfy the criteria. (2) Prohibit nonessential or improper
(c) If any State-owned property is 10- installation of public utilities and pub-
cated in a non-participating local corn- lie facilities in flood-prone areas.
munity, then the State shall comply (b) In formulating community devel-
with the requirements of paragraph opment goals after the occurrence of a
(a)(2) of this section for the property. flood disaster, each community shall
consider—
§60.13 Noncompliance. (1) Preservation of the flood-prone
If a State falls to submit adequate areas for open space purposes; *-
flood plain management regulations (2) Relocation of occupants away
applicable to State-owned properties from flood-prone areas;
pursuant to §60.12 within six months of (3) Acquisition of land or land devel-
the effective date of this regulation, or opment rights for public purposes con-
fails to adequately enforce such regula- sistent with a policy of minimization
tions, the State shall be subject to sus- of future property losses;
pensive action pursuant to §59.24. (4) Acquisition of frequently flood-
Where the State fails to adequately en- damaged structures;
force its flood plain management regu- (c) In formulating community devel-
lations, the Administrator shall con- opment goals and in adopting flood
duct a hearing before initiating such plain management regulations, each
suspensive action. community shall consider at least the
following factors—
[41 FR 46975, Oct. 26, 1976. Redesignated at 44 (1) Human safety;
FR 31177, May 31, 1979, as amended at 48 FR (2) Diversion of development to areas
44552, Sept. ZI, 1983; 49 FR 4751, Feb. 8, 1984] safe from flooding in light of the need
to reduce flood damages and in light of
Subpart C:—Additional Consider- the need to prevent environmentally
ations in Managing Flood- incompatible flood plain use;
Prone, Mudslide (i.e., Mud- (3) Full disclosure to all prospective
flow)-Prone and Flood-Relat- and interested parties (including but
ed Erosion-Prone Areas not limited to purchasers and renters)
that (1) certain structures are located
§60.21 Purpose of this subpart. within flood-prone areas, (ii) variances
have been granted for certain strue-
The purpose of this subpart is to en- tures located within flood-prone areas,
courage the formation and adoption of and (iii) premium rates applied to new
overall comprehensive management structures built at elevations below the
plans for food-prone, mudslide (i.e., base flood substantially increase as the
mudflow)-prone and flood-related ero- elevation decreases;
lion-prone areas. While adoption by a (4) Adverse effects of flood plain de-
community of the standards in this velopment on existing development;
subpart is not mandatory, the commu- (5) Encouragement of floodproofing
nity shall completely evaluate these to reduce flood damage;
standards. (6) Flood warnin
g and emergency pre-
paredness{60.22 Planning considerations for plans;
flood-prone areas (7) Provision for alternative vehicu-
lar access and escape routes when nor-
(a) The flood plain management regal- mal routes are blocked or destroyed by
lations adopted by a community for flooding;
flood-prone areas should: (8) Establishment of minimum
(1) Permit only that development of floodproofing and access requirements
flood-prone areas which (1) is appro- for schools, hospitals, nursing homes,
priate in light of the probability of orphanages, penal institutions, fire ate-
flood damage and the need to reduce tions, police stations, communications
flood losses, (ii) is an acceptable social centers, water and sewage pimping
and economi.c use of the land in rela- stations, and other public or quasi-pub-
tion to the hazards involved, and (iii) lie facilities already located in the
247
179-17s r-98--9
§6023 44 CFR Ch. I (10-1-98 Edition)
flood-prone area, to enable them to (19) Requirement that a plan for
withstand flood damage, and to facili- evacuating residents of all manufac-
tate emergency operations; tared home parks or subdivisions lo-
(9) Improvement of local drainage to cated within flood prone areas be de-
control increased runoff that might in- veloped and filed with and approved by
crease the danger of flooding to other appropriate community emergency
properties; management authorities.
(10) Coordination of plans with neigh- [41 FR 46975, Oct. 2.6, 1976. Redesignated at 44
boring community's flood plain man- FR 31177, May 31, 1979, as amended at 50 FR
agement programs; 36025, Sept. 4, 1985; 54 FR 40284, Sept. 29. 1969]
(11) The requirement that all new §60.23 Planning considerations for
construction and substantial improve- mudslide (i.e., mudflowl-prone
ments in areas subject to subsidence be areas.
elevated above the base flood level The planning process for cornmu-
equal to expected subsidence for at nities identified under part 65 of this
least a ten year period; subchapter as containing Zone id, or
(12) For riverine areas, requiring sub which indicate in their applications for
dividers to furnish delineations for flood insurance pursuant to §59.22 of
floodways before approving a subdivi- this subchapter that they have
sion; mudslide (i.e., mudflow) areas. Should
(13) :Prohibition of any alteration or include--
relocation of a watercourse, except as (a) The existence and extc-nt of the
part of an overall drainage basin plan. hazard;
In the event of an overall drainage (b) The potential effects of inappro-
basin plan, provide that the flood car- priate hillside development, Including
rying capacity within the altered or re- (1) Loss of life and personal injuries,
located portion of the watercourse is and
maintained: (2) Public and private property
(14) Requirement of setbacks for new losses, costs, liabilities, and exposures
construction within Zones V1-30, VE, resulting from potential mudslide (i.e.,
and `+ on a community's FIRM; mudflow) haaards;
(15) Requirement of additional ele- (c) The means of avoiding the hazard
vation above the base flood level for all including the (1) availability of land
new construction and substantial im- which is not mudslide tile., mudflow)-
provements within Zones A1-30, AE, prone and the feasibility of developing
V1-30, and VE on the community's such land instead of further encroach-
FIRM to protect against such occur- ing upon mudslide (i.e., mudflow)
rences as wave wash and floating de- areas, (2) possibility of public acquisi-
bris, to provide an added margin of tion of land, easements, and develop-
safety against floods having a mag- ment rights to assure the proper devel-
nitude greater than the base flood, or opment of hillsides, and (3) advisability
to cempensane for future urban devel- of preserving mudslide 0.e., rnudflow)
opment; areas as open space;
UFO Requirement of consistency be- (d) The means of adjusting to the
tweet state, regional and local com- hazard, including the (1) establishment
prehensive plans and flood plain man- by ordinance of site exploration, inves-
agement programs; tigation, design, grading, construction,
(1?) Requirement of pilings or col- filing, compacting, foundation, sewer-
umne rather than fill, for the elevation age, drainage, subdrainage, planting,
of structures within flood-prone areas, inspection and maintenance standards
in order to maintain the storage capac- and requirements that promote proper
ity of the flood plain and to minimize land use, and (2) provision for proper
the potential for negative impacts to drainage and subdrainage on public
sensitive ecological areas; property and the location of public
(18) Prohibition, within any floodway utilities and service facilities, such as
or coastal high hazard area, of plants sewer, water, gas and electrical sys-
or facilities in which hazardous sub- tems and streets in a manner designed
stances are manufactured. to minimize exposure to mudslide (i.e.,
248
Federal Emergency Management Agency 560.25
mudflow) hazards and prevent their ag- cilities in mudslide (i.e., mudflow)-
gravation; prone areas.
(e) Coordination of land use, sewer,
and drainage regulations and ordi- §60.24 Planning considerations for
nances with fire prevention, flood flood-related erosion-pronevareas.
plain, mudslide (i.e., mudflow), soil, The planning process for comma-
land, and water regulation in neighbor- nities identified under part 65 of this
ing communities; subchapter as containing Zone E or
(f) Planning subdivisions and other which indicate in their applications for
developments in such a manner as to flood insurance coverage pursuant to
avoid exposure to mudslide (i.e., mud- §59 22 of this subchapter that they have
flow) hazards and the control of public flood-related erosion areas should in-
facility and utility extension to die-
elude—
courage inappropriate development;
(g) Public facility location and de- (a) The importance of directing fu-
sign requirements with higher site sta- ture developments to areas not exposed
bility and access standards for schools, to flood-related erosion;
hospitals, nursing homes, orphanages, (b) The possibility of reserving flood-
correctional and other residential in- related erosion-prone areas for open
stitutions, fire and police stations, space purposes;
communication centers, electric power (c) The coordination of all planning
transformers and substations, water for the flood-related erosion-prone
and sewer pumping stations and any areas with planning at the State and
other public or quasi-public institu- Regional levels, and with planning at
tions located in the mudslide (i.e., the level of neighboring communities;
mudflow) area to enable them to with- (d) Preventive action in E zones, in-
stand mudslide (i.e., mudflow) damage eluding setbacks, shore protection
and to facilitate emergency operations; works, relocating structures in the
and path of flood-related erosion, and com-
(h) Provision for emergencies, includ- munity acquisition of flood-related
ing: erosion-prone properties for public pur-
(1) Warning, evacuation, abatement, poses;
and access procedures in the event of (e) Consistency of plans for flood-re-
mudslide (i.e., mudflow), lated erosion-prone areas with corn-
(2) Enactment of public measures and
prehensive plans at the state, regional
initiation of private procedures to
and local levels.
limit danger and damage from .contin-
ued or future mudslides (i.e., mudflow), §60ss Designation, duties, and re-
(3) Fire prevention procedures in-the sponsibilities of State Coordinating
event of the rupture of gas or electrical Agencies.
distribution systems by mudslides, (a) States are encouraged to dem-
(4) Provisions to avoid contamination onstrate a commitment to the mini-
of water conduits or deterioration of mum flood plain management criteria
slope stability by the rupture of such set forth in §§60.3, 60.4, and 60.5 as evi-
systems,
(5) Similar provisions for sewers denced by the designation of an agency
which in the event of rupture pose both of State government to be responsible
health and site stability hazards and for coordinating the Program aspects
(6) Provisions for alternative vehicu- of flood plain management in the
lar access and escape routes when nor- State.
mal routes are blocked or destroyed by (b) State participation in furthering
mudslides (i.e., mudflow); the objectives of this part shall include
(i) The means for assuring consist- maintaining capability to perform the
ency between state, areawide, and local appropriate duties and responsibilities
comprehensive plans with the plans de- as follows:
veloped for mudslide (i.e., mudflow)- (1) Enact, whenever necessary, legis-
prone areas; lation enabling counties and munici-
(j) Deterring the nonessential instal- palities to regulate development with-
lation of public utilities and public fa- in flood-prone areas;
249
§60.26 44 CFR Ch. I (10-1-98 Edition)
(2)Encourage and assist communities Agency for the Program, may be Gar-
in qualifying for participation in the Tied out with prior notification of the
Program; Administrator.
(3) Guide and assist county and mu- (d) For States which have dem-
nicipal public bodies and agencies in onstrated a commitment to and esperi-
developing, implementing, and main- ence in application of the minimum
taming local flood plain management flood plain management criteria set
regulations; forth in §§60.3, 60.4, and 60.5 as evi-
(4) Provide local governments and denced by the establishment and im-
the general public with Program infor- plementation of programs which sub-
mation on the coordination of local ac- stantially encompass the activities de-
tivities with Federal and State require- scribed in paragraphs (a), (b), and. (c) of
manta for managing flood-prone areas; this section, the Administrator shall
(5) Assist communities in disseminat- take the foregoing into account when:
ing information on minimum elevation (I) Considering State recommnenda-
requirements for development within tions prior to implementing Program
flood-prone areas; activities affecting State communities;
(6) Assist in the delineation of (2) Considering State approval or cer-
riverine and coastal flood-prone areas, tifications of local flood plain manage-
whenever possible, and provide all rel- ment regulations as meeting the re-
evant technical information to the Ad- quirements of this part.
ministrator; [51 FR 30309,Aug.25, 1986]
(7) Recommend priorities for Federal
flood plain management activities in §B0.26 In'nl coordination
relation to the needs of county and mu- (a) Local flood plain, mudslide (i.e.,
nicipal localities within the State; mudflow) and flood-related erosion
(6) Provide notification to the Ad- area management, forecasting, arrier-
rator :.n the event of apparent gency preparedness, and damage ir-
reconcilableabate-
differences between a corn-ant ment programs should be coordinated
re-
program local flood plain management with relevant Federal, State, and re-
program and the minimum require- gional programs;
ments of the Program; (b) A community adopting flood plain
(9) Establish minimum State flood management regulations pursuant to
plain management regulatory stand- these criteria should coordinate with
ards consistent with those established the appropriate State agency to pro-
in this part and in conformance with mote public acceptance and use of ef-
other Federal and State environmental fective flood plain, mudslide, (i.e.,
and water pollution standards for the mudflow) and flood-related erosion reg-
prevention of pollution during periods ulatfons;
of flooding; (c) A community should notify adja-
(10) Assure coordination and consist cent communities prior to substantial
ency of flood plain management activi- commercial developments and large
ties
ties with other State, de, and subdivisions to be undertaken in areas
local planning and enforcement agen- having special flood, mudslide (i.e.,
cies; mudflow) and/or flood-related erosion
(11) Assist in the identification and b»zards.
impiementaion of flood hazard mitiga-
tion recommendations which are con-
sistent with the minimum flood plain AND RATES
management criteria for the Program;
(12) Participate in flood plain man-
agement training opportunities and Sec.c Purpose of part.
other flood hazard preparedness pro- 61.1 Purpose of part.
grams whenever practicable. 61.2 Definitions.
61.3 Types of coverage.
(c) Other duties and responsibilities, 51.9 Limitations on coverage.
which may be deemed appropriate by 61.5 Special terms and conditions.
the State and which are to be officially 61.6 Maximum amounts of coverage avail-
designated as being conducted in the able.
capacity of the State Coordinating 61.7 Risk premium rate determinations.
250
Federal Emergency Management Agency §61.5
61.8 Applicability of risk premium rates. §61.3 Types of coverage.
61.9 Establishment of chargeable rates. Insurance coverage Minimum premiums. under the Pro-
61.11 Effective date and time of coverage gram is available for structures and
under the Standard Flood Insurance Pol- their contents. Coverage for each may
icy-New Business Applications. and En- be purchased separately.
dorsementa. [43 FR 2570, Jan. 17, 1978. Redesignated at 44
61.12 Rates based on a flood protection eye- FR 31177, May 31, 1979, as amended at 48 FR
tern involving Federal funds. 39068, Aug. 29, 1983; 50 FR 36025, Sept_ 4, 1965;
61.13 Standard Flood Insurance Policy. 51 FR 30309, Aug.25, 1988;58 FR 62424,Nov. 26,
61.14 Standard Flood Insurance Policy In- 1993]
terpretations.
61.16 Probation additional premium. §61.4 Limitations on coverage.
61.17 Group Flood Insurance Policy.
All flood insurance made available
APPENDIX A(1) TO PART 61-FEDERAL EMER- under the Program is subject:
GENCY MANAGEMENT AGENCY, FEDERAL (a) To the Act, the Amendments
INSURANCE ADMINISTRATION STANDARD
FLOOD INSURANCE POLICY thereto, and the Regulations issued
APPENDIX A(2) To PART 61-FEDERAL EMER- under the Act;
GENCY MANAGEMENT AGENCY, FEDERAL (b) To the terms and conditions of
INSURANCE ADMINISTRATION STANDARD the Standard Flood Insurance Policy,
FLOOD INSURANCE POLICY which shall be promulgated by the Ad-
APPENDIX A(3) TO PART 61-FEDERAL EMER- ministrator for substance and form,
GENCY MANAGEMENT AGENCY, FEDERAL and which is subject to interpretation
INSURANCE ADMINISTRATION STANDARD by the Administrator as to scope of
FLOOD INSURANCE POLICY coverage pursuant to the applicable
AUTRORrrY: 42 U.S.C. 4001 et seq.; Reorga- statutes and regulations;
nization Plan No. 3 of 1978, 43 FR 41943, 3 (c) To the specified limits of coverage
CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, set forth in the Application and Dec-
1979,44 FR 19367, 3 CFR, 1979 Comp., p. 376. larations page of the policy; and
SOURCE: 43 FR 2570, Jan. 17, 1978, unless (d) To the maximum limits of cov-
otherwise noted. Redesignated at 44 FR 31177, erage set forth in §61.6.
May 31, 1979.
[43 FR 2570, Jan. 17, 1978. Redesignated at 44
§61.1 Purpose of part. FR 31177, May 31, 1979, as amended at 48 FR
39068, Aug. 29, 1983; 50 FR 36025, Sept. 4. 1985;
This part describes the types of prop- 53 FR 16277, May 6, 1988; 58 FR 62424, Nov. 26,
erties eligible for flood insurance cov- 1993]
erage under the Program, the limits of
such coverage, and the premium rates §61 b Special terms and conditions
actually to he paid by insureds. The (a) No new flood insurance or renewal
specific communities eligible for cov- of flood insurance policies shall be
erage are designated by the Adminis- written for properties declared by a
trator from time to time as applica- duly constituted State or local zoning
tions are approved under the ewer- or other authority to be in violation of
gency program and as ratemaking any flood plain, mudslide (i.e., mud-
studies of communities are completed flow) or flood-related erosion area
prior to the regular program. Lists of management or control law, regula-
such communities are periodically pub-
lished under part 64 of this subchapter. (b) In order to reduce the administra-
tive costs of the Program, of which the
[43 FR 2570, Jan. 17, 1978. Redesignated at 44 Federal Government pays a major
FR 31177, May 31, 1979, as amended at 48 FR share, payment of the full policyholder
39068, Aug. 29, 1983; 49 FR 4751, Feb. 8, 1984; 49 premium must be made at the time of
FR 5621, Feb. 14., 1984] application.
§612 Definitions. (c) Because of the seasonal nature of
flooding, refunds of premiums upon
The definitions set forth in part 59 of cancellation of coverage by the insured
this subchapter are applicable to this are permitted only if the insurer ceases
part. to have an ownership interest in the
251
§61.6 44 CFR Ch. I (10-1-98 Edition)
covered property at the location de- CATEGORY FOUR-RESIDENTIAL CONDOMINIUM
scribed in the policy. Refunds of pre- BUILDING POLICIES
miums for any other reason are subject
to the conditions set forth in §62.5 of x
this subchapter. �!�y combining
(d) Optional Deductibles, All Zones, OpBone O p1q°n°O0n-
tents ng
are available as follows: w oort-
tants)
CATEGORY ONE-1 TO 4 FAMILY BUILDING AND S10,0133S70,000 $10,000
CONTENTS COVERAGE POLICIES 25,000/10,000 25,000
Options &Wldngiconlents
Naga: Any other combination may be sub-
7 matted for rating to the NFIP.
2,000,1.000 (e) The standard flood insurance pol-
4, 0,000g0 icy is authorized only under terms and
a0ooz,0o0 conditions established by Federal. stat-
ute, the program's regulations, the Ad-
CATEGORY TWO-1 TO 4 FAMILY BUILDING Cow ministrator's interpretations and the
ERAGE ONLY OR CONTENTS COVERAGE ONLY express terms of the policy itself. Ac-
POLICIES cordingly, representations regarding
the extent and scope of coverage which
Options Building are not consistent with the National
Flood Insurance Act of 1968, as amend-
ed, or the Program's regulations, are
1,000 1,000
2,000 2,000 void, and the duly licensed property or
3,000 3,000 casualty agent acts for the insured and
4,000 4,000 does not act as agent for the Federal
5,000 5,000 Government, the Federal Emergency
'Ais°applies t°resdential unit contents In otter residential Management Agency, or the servicing
agent.
CATEGORY THREE-OTHER RESIDENTIAL AND
NONRESIDENTIAL POLICIES [43 FR 2570, Jan. 17, 1978. Redesignated at 44
FR 31177, May 31, 1979, as amended at 47 FR
Singh 19140, May 4, 1982; 48 FR 39068, Aug. 29, 1963;
cos- 49 FR 33656, Aug. 23, 1984; 50 FR 36025, Sept.
Policy combin- prey Qpeel- 4, 1985; 51 FR 30309, Aug. 25, 1986; 53 FR 16277,
Options ing building icy(er• May 6, 1988; 53 FR 27991, July 26, 1988; 57 FR
and contents ther 19541, May 7, 1992; 58 FR 62424, Nov. 26, 19931
building
con-
tents) §61.6 Maximum amounts of coverage
available.
5500/S500 $500
1,000/1,00D 1,000 (a) Pursuant to section 1306 of the
2,0002,000 2,000 Act, the following are the limits of coy-
4,000r4,000 4,000 erage available under the emergency a,00aa,000 a,oa7 g y
5,000/5,000 5,00o program and under the regular pro-
gram.
Regular program
EmergencySec Total
program
' 0nd amount
first layer layer available
Single Fondly Residential
Except in Hawaii,Alaska,Guam, U.S.Virgin islands $35,000 5215,000 :6250,000
In Hawaii.Alaska,Guam,U.S.Virgin Islands 50,000 200,000 250,000
Other Residential
Except in Hawaii,Alaska.Guam,U.S.Virgin Islands 100,000 150,000 250,000
In Hawaii,Alaska,Guam,U.S.Virgin Islands 150,000 100,000 250,000
Ne rMldfll
Small business 100,000 400,000 500,000
Churches and other properties 100,000 400,000 500,000
252
Federal Emergency Management Agency §61.9
Reva Orogam
pro sexed
eTTotal
first layer leYer —toe
Contents
Residential ...- 10,000 90,000 100,000
Small business __._. 100,000 400,000 500,000
Churches,other properties 100,000 400,000 500,003
I Only first layer available under emergency program. —
2 Per unit.
(b) In the insuring of a residential Islands, and Guam (i) $35,000 aggregate
condominium building in a regular pro- liability for any property containing
gram community, the maximum limit only one unit, (ii) $100,000 for any prop-
of building coverage is $250,000 times erty containing more than one unit,
the number of units in the building and (iii) $10,000 liability per unit for
(not to exceed the building's replace- any contents related to such unit.
ment cost). (2) For dwelling properties in Alaska,
[60 FR.5585, Jan. 30, 19957 Hawaii, the Virgin Islands, and Guam
(i) $50,000 aggregate liability for any
§61.7 Risk premium rate determine- property containing only one wilt, (ii)
lions. $150,000 for property containing more
(a) Pursuant to section 1307 of the than one unit, and (iii) $10,000 aggre-
Act, the Administrator is authorized to gate liability per unit for any contents
related to such unit.
undertake studies and investigations
to enable him/her to estimate the risk (3) For churches and other propertiesnd (i )
premium rates necessary to provide (1)$100,000000,f0r for the structure and (ii)
flood insurance in accordance with ac- (c) for contentsrutu of any such unit.
(c) Any structure or the contents
cepted actuarial principles, including thereof for which the chargeable rates
applicable operating costs and allow- prescribed by this part would exceed
ances. Such rates are also referred to the risk premium rates.
in this subchapter as "actuarial rates."
(b) The Administrator is also author- §61.9 Establishment of chargeable
ized to prescribe by regulation the rates.
rates which can reasonably be charged (a) Pursuant to section 1308 of the
to insureds in order to encourage them Act, chargeable rates per year per 3100
to purchase the flood insurance made of flood insurance are established as
available under the Program. Such follows for all areas designated by the
rates are referred to in this subchapter Administrator under part 64 of this
as "chargeable rates." For areas hay- subchapter for the offering of flood fin-
ing special flood, mudslide (i.e., mud- surance.
flow), and :good-related erosion haz-
ards, chargeable rates are usually RATES FOR NEW AND RENEWAL POLICIES
lower than actuarial rates.
Rates per year
oy-
§61.8 Applicability of risk premium per stop rates. Type of structure sage on
Shut Con-
Risk prem:'.um rates are applicable to bse tents
all flood insurance made available for:
(a) Any structure, the construction (
(2)) AeaodResidentialAll other (including holds and mo-
or substantial improvement of which tees with normal ocwpency of less
was started after December 31, 1974 or than 6 months in duration .79 159
on or after t:ae effective date of the ini-
tial FIRM, whichever is later. (b) The contents rate shall be based
(b) Coverage which elate is the for- upon the use of the individual premises
lowing limit;;: for which contents coverage is pur-
(1) For dwelling properties in States chased.
other than Alaska, Hawaii, the Virgin [61 FR 8223, Mar. 4, 1996]
253
§61.10 44 CFR Ch. I (10-1-98 Edition)
*61.10 Minbnum premiums. payment by the agent, does not con-
The minimum premium required for stitute payment to the NFIP, except
any policy, regardless of the term or where a WYO Company receives an ap-
amount of coverage, is$50.00. plicatlon and premium payment from
one of its agents and elects to refer the
[46 FR 13514, Feb.23, 1961] business to the NFIP Servicing Agent
¢61.11 Effective date and time of cov- because the WYO Company does not
erage under the Standard Flood In- wish to write the business, in which
surance Policy New Business Ap- case any applicable waiting period
plicatiomo and Endorsements under this section shall be calculated
(a) During the 13-month period begin- in accordance with the first sentence of
ning on the effective date of a revised paragraph (f) of this section. Therefore,
Flood Hazard Boundary Map or Flood it is important that an application for
Insurance Rate Map for a community, Flood Insurance and its premium be
the effective date and time of any ini- mailed to the NFIP promptly in order
tial flood insurance coverage shall be to have the effective date of the cov-
12:01 a.m. (local time) on the first cal- erage based on the application date
endar day after the application date plus the waiting period. If the applica-
and the presentment of payment of pre- tion and the premium payment are re-
mium; for example, a flood insurance ceived at the office of the NFIP within
policy applied for with the payment of ten (10) days from the date of applica-
the premium on May 1 will become ef- tion, the waiting period will be cal-
fective at 12:)1 a.m. on May 2. culated from the date of application.
(b) Where the initial purchase of Also, as an alternative, in those cases
flood insurance is in connection with where the application and premium
the making, increasing, extension, or payment are mailed by certified mail
renewal of a loan, the coverage with re- within four (4) days from the date of
spect to the property which is the sub- application, the waiting period 'will be
ject of the loan shall be effective as of calculated from the date of application
the time of the loan closing, provided even though the application and pre-
the written request for the coverage is mium payment are received at the of-
received by the NFIP and the flood in- flee of the NFIP after ten (10) days fol-
surance policy is applied for and the lowing the date of application. Thus, if
presentment of payment of premium is the application and premium payment
made at or prior to the loan closing. are received after ten (10) days from
(c) Except as provided by paragraphs the date of the application or are not
(a) and (b) of this section, the effective mailed by certified mail within four (4)
date and time of any new policy or days from the date of application, the
added coverage or increase in the waiting period will be calculated from
amount of coverage shall be 12:01 a.m. the date of receipt at the office of the
(local time) on the 30th calendar day NFIP. To determine the effective date
after the application date and the pre- of any coverage added by endorsement
sentment of payment of premium; for to a flood insurance policy already in
example, a flood insurance policy ap- effect, substitute the term endorsement
plied for with the payment of the pre- for the term application in this para-
mium on May 1 will become effective graph (e).
at 12:01 a.m. on May 31. (f) With respect to the submission of
(d) Adding new coverage or increas- an application in connection with new
ing the amo.mt of coverage in force is business, a renewal of a policy in effect
permitted during the term of any pol- and an endorsement to a policy in ef-
icy. The additional premium for any fect, the payment by an insured to an
new coverage or increase in the agent or the issuance of premium pay-
amount of coverage shall be calculated ment to a Write-Your-Own (WYO) Com-
pro rata in accordance with the rates pany by the agent, accompanied by a
currently in force. properly completed application, re-
(e) With respect to any submission of newal or endorsement form, as appro-
an application in connection with new priate, shall commence the calculation
business, the payment by an insured to of any applicable waiting period under
an agent or the issuance of premium this section, provided that the agent is
254
Federal Emergency Management Agency §i 61.12
acting in the capacity of an agent of a flood protection system has been ap-
Write-Your-Own (WYO) Company au- propriated;
thorized by 44 CFR 62.23, is under writ- (3) At least 50 percent of the total fl-
ten contract to or is an employee of nancial project cost of the completed
such Company, and such WYO Corn- flood protection system has been ex-
pany is, at the time of such submission pended;
of an application in connection with (4) All critical features of the flood
new business or a renewal of or en- protection system, as identified by the
dorsement to flood insurance coverage, Administrator, are under construction,
engaged in WYO business under an as and each critical feature is 50 percent
rangement entered into by the Admin- completed as measured by the actual
istrator and the WYO Company pursu- expenditure of the estimated construe-
ant to §62.23. tion budget funds; and
(g) Subject to the provisions of pare- (5) The community has not been re-
graph (f) of this section, the rules set sponsible for any delay in the comple-
forth in paragraphs (a), (b), (c), (d) and tion of the system.
(e) of this section apply to WYO Corn- (c) Each request by a community for
panties, except that premium payments a determination must be submitted in
and accompanying applications and en-
writing to the Risk Studies I>ivision,
dorsements shall be mailed to and re- Office of Risk Assessment, Federal In-
ceived by the WYO Company, rather surance Administration, Federal Emer-
than the NFIP.
gency Management Agency, Washing-
[43 FR 50427, Oct. 30, 1978. Redesignated at 44 ton DC, and contain a complete state-
FR 31177, May 31, 1979, as amended at 46 FR ment of all relevant facts relating to
13514, Feb. 23, a981; 48 FR 39069, Aug. 29, 1983; the flood protection system, including,
48 FR 44544, Sept. 29, 1983; 49 FR 33656, Aug. but not limited to, supporting tech-
24, 1984; 50 FR:18292, Apr. 25, 1965; 50 FR 36026, natal data (e.g., U.S. Army Corps of En-
Sept. 4, 1985; 5]. FR 30309, Aug. 25, 1986; 53 FR
15211, Apr. 28, 1988; 60 FR 5585, 5586, Jan. 30, gineers flood protection project data),
1985J cost schedules, budget appropriation
data and the extent of Federal funding
§81.12 Rates based on a flood pr t� of the system's construction. Such
tion system involving F facts shall include information suffi-
funds. dent to identify all persons affected by
(a) Where the Administrator deter- such flood protection system or by
mines that a community has made ade- such request: A full and precise state-
quate progress on the construction of a ment of intended purposes of the flood
flood protection system involving Fed- protection system; and a carefully de-
eral funds which will significantly tailed description of such project, in-
limit the area of special flood havards, cluding construction completion target
the applicable risk premium rates for dates. In addition, true copies of all
any property, located within a special contracts, agreements, leases, instru-
flood hazard area intended to be pro- ments, and other documents involved
tented directly by such system will be must be submitted with the request.
those risk premium rates which would Relevant facts reflected in documents,
be applicable when the system is corn- however, must be included in the state-
plete. ment and not merely incorporated by
(b) Adequate progress in paragraph reference, and must be accompanied by
(a) of this section means that the corn- an analysis of their bearing on the re-
munity has provided information to quirements of paragraph (b) of this sec-
the Administrator sufficient to deter- tion, specifying the pertinent provi-
mine that substantial completion of sions. The request must contain a
the flood protection system has been statement whether, to the best of the
effected because: knowledge of the person responsible for
(1) 100 percent of the total financial preparing the application for the com-
project cost of the completed flood pro- munity, the flood protection system is
tection system has been authorized; currently the subject matter of litiga-
(2) At least 60 percent of the total fi- tion before any Federal, State or local
nancial project cost of the completed court or administrative agency, and
255
§61.13 44 CFR Ch. I (10-1-98 Edition)
the purpose of that litigation. The re- FEDERAL REGISTER for inclusion in ap-
quest must also contain a statement as pendix A.
to whether the community bas pre- (c) Applications. The application and
viously requested a determination with renewal application forms utilized by
respect to the same subject matter the National Flood Insurance Program
from the Administrator, detailing the shall be the only application forms
disposition of such previous request. As used in connection with the Standard
documents become part of the file and Flood Insurance Policy.
cannot be returned, the original docu- (d) Waivers. The Standard Flood In-
ments should not be submitted. surance Policy and required endorse-
(d) The effective date for any risk ments must be used in the Flood Incur-
premium rates established under this ante Program, and no provision of the
section shall be the date of final deter- said documents shall be altered, varied,
urination by the Administrator that or waived other than by the express
adequate progress toward completion written consent of the Administrator
of a flood protection system has been through the issuance of an appropriate
made in a community. amendatory endorsement, approved by
(e) A responsible official of a commu- the Administrator as to form and sub-
nity which received a determination stance for uniform use.
that adequate progress has been made (e) Oral and written binders. No oral
towards completion of a flood protec- binder or contract shall be effective.
tion system shall certify to the Admin- No written binder shall be effective un-
istrator annually on the anniversary less issued with express authorization
date of receipt of such determination of the Administrator.
that no present delay in completion of (1) The Standard Flood Insurance
the system is attributable to local Policy and endorsements may be issued
sponsors of the system, and that a good by private sector "Write-Your-Own"
—Own"
faith effort as being made to complete (WYO) property insurance companies,
the project. based upon flood insurance a.pplica-
(f) A community for which risk tions and renewal forms, all of which
pre- instruments of flood insurance may
mium rates have been made available bear the name, as Insurer, of the
under section 1307(e) of the National issuing WYO Company. In the case of
Flood Insurance Act of 1968, as amend- any Standard Flood Insurance Policy,
ed, shall notify the Administrator if, at and its related forms, issued by a WYO
any time, all progress on the comple- Company, wherever the names "Fed-
tion of the flood protection system has eral Emergency Management Agency"
been halted or if the project for the and "Federal Insurance Adrninistra-
completion of the flood protection sys- tion" appear, the WYO Company is au-
tern has been canceled. thorized to substitute its own name
[43 FR 2570, Jan. 17, 1978, Redesignated at 44 therefor. Standard Flood Insurance
FR 31177, May 31, 1979, as amended at 47 FR Policies issued by WYO Companies
43061 Sept. 30, 1982; 48 FR 39069, Aug. 29, 1983; may be executed by the issuing WYO
48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, Company as Insurer, in the place and
1984; 51 FR 30310, Aug. 25, 1986] stead of the Federal Insurance Admin-
§61.13 Standard Flood Insurance Pol- istrator.
icy. [43 FR 2570, Jan. 17, 1978. Redesignated at 44
(a) Incorporation of forms. Each of the FR 31177, May 31, 1979, as amended at 44 FR
62517, Oct. 31, 1979; 48 FR 46791, Oct. 19, 1983;
Standard Flood Insurance Policy forms 58 FR 62424, Nov. 26, 1993]
included in appendix "A" hereto (Gen-
eral Property, Dwelling, and Residen- §61.14 Standard Flood Insurance Poi-
tial Condominium Building Associa- icy Interpretations.
tion) and by reference incorporated (a) Definition. A Standard Flood In-
herein shall be incorporated into the surance Policy Interpretation :is a writ-
Standard Flood Insurance Policy. ten determination by the Adminis-
(b) Endorsements. All endorsements to trator construing the scope of the flood
the Standard Flood Insurance Policy insurance coverage that has been and
shall be final upon publication in the is provided under the policy.
256
Federal Emergency Management Agency §61.17
(b) Publication and requests for inter- may be adjusted to reflect NFIP loss
pretation. The Administrator shall, pur- experience and any adjustment of bene-
suant to these regulations from time to fits under the IFG program. The
time, issue interpretative rulings re- amount of coverage shall be equivalent
garding the provisions of the Standard to the maximum grant amount estab-
Flood Insurance Policy. Such Interpre- lished under §411. The term of the
tations shall be published in the FED- GFIP shall be for 36 months and will
ERAL REGISTER, made a part of appen- begin, for implementation with the
dix C to these regulations, and incor- IFG program, 60 days from the date of
porated by reference as part of these the disaster declaration. For FEMA's
regulations. Any policyholder or per- pilot project with the State of Alaska,
son in privity with a policyholder may the term of the three-year policy will
file a request for an interpretation in begin on May 1, 1996. On and after the
writing with the Federal Insurance Ad- inception date of the GFIP, coverage
ministration, Federal Emergency Man- for IFG recipients or for recipients of
agement Agency, Washington, DC the one time pilot project of the GFIP
20472. for the State of Alaska's own corn-
[43 FR 2570, Ja.n. 17, 1978. Redesignated at 44 parable fully funded, disaster assist-
FR 31177, May 31, 1979, as amended at 48 FR ance program, will begin on the 30th
sutri2. Aug. 29, 1983] day after the NFIP receives the records
of GFIP insureds and their premium
§61.16 Probation additional premium. payments from the State. A Certificate
The additional premium charged pur- of Flood Insurance shall be sent to
suant to §59.24(b) on each policy sold or each IFG recipient, and, for the one-
renewed within a community placed on time pilot project in Alaska, to each
probation prior to October 1, 1992, is individual or family receiving a grant
S25.00. Where the community was from Alaska's own fully funded disas-
placed on probation on or after October ter assistance program.
1, 1992, the additional premium charge (b) The GFIP is the Standard Flood
is $50.00.". Insurance Policy Dwelling Form (a
[50 FR 36026, Sept. 4, 1985, as amended at 57 copy of which is included in Appendix
FR 19541, May 7, 1992] A(1) of this part), except that:
(1) The GFIP provides coverage for
§61.17 Group Flood Insurance Policy. losses caused by land subsidence, sewer
(a) A Group Flood Insurance Policy backup, or seepage of water without re-
(GFIP) is a policy covering all individ- gard to the requirement in paragraph
uals named by a State as recipients B.3. of Article 3 that the structure be
under §411 of the Stafford Act (42 insured to 80 percent of its replacement
U.S.C. 5178) of an Individual and Fain- cost or the maximum amount of insur-
ily Grant (IFG) program award for ance available under the NFIP.
flood damage as a result of a Presi- (2) Article 7, Deductibles, does not
dential major disaster declaration, and, apply to the GFIP. instead, a special
as a one-time, pilot project, to recipi- deductible of S200 (applicable sepa-
ents of the State of Alaska's own fully rately to any building loss and any
funded disaster assistance program for contents loss) applies to insured flood-
individuals and families suffering dam- damage losses sustained by the insured
age from flooding in September and Oc- property in the course of any subse-
tober 1995. Alaska's disaster assistance quent flooding event during the term of
program is comparable to the IFG pro- the GFIP. The separate deductible ap-
gram in benefits and eligibility re- plicable to Article 3 B.3 does not apply.
quirements, including income levels. (3) Article 9 E., Cancellation of Pol-
The State of Alaska has also agreed to icy By You, does not apply to the
provide information to the National GFIP.
Flood Insurance Program (NFIP) in a (4) Article 9 G., Policy Renewal, does
data format compatible with NFIP re- not apply to the GFIP.
quirements. The premium for the (c) A notice will be sent to the GFIP
GFIP, initially, is a flat fee of 3200 per certificate holders approximately 60
policyholder. Thereafter, the premium days before the end of the 3-year term
257
Pt. 61, App. A(1) 44 CFR at. 1 (10-1-98 Edition)
of the OF)P. The notice will (1) encour- Article I—Persons Insured
age them to contact a local insurance We insure only:
agent or producer or a private incur- A. The named Insured and legal repuesent-
ance company selling NFIP policies atives;
under the Write Your Own program of B. Any mortgagee and loss payee named in
the NFIP to apply for a conventional the application and declarations page, as well
NFIP Standard Flood Insurance Policy as any other mortgagee or loss payee deter-
mined(2) advise them as to the amount of to exist at the time of a loss (See Ar-
andcoverage they must maintain in order tide 9, paragraph the orderof grace-
coverage
dence and to the extent
of theirir interest but
not to jeopardize their eligibility for for no more, In the aggregate, than the inter-
future disaster assistance. est of the named Insured.
[61 FR 19200, May 1, 1996) Article 2—Definitions
policy—
APPENDIX A(1)TO PART 61 As used in this Act means the National Flood Insurance
FEDERAT EMERGENCY MANAGEMENT AGENCY, Act of 1968, and any acts amendatory there-
FEDERAL INSURANCE ADMINISTRATION Of.
Actual Cash Value means the replacement
STANDARD FLOOD INSURANCE POLICY cost of an insured item of property at the
time of loss, less the value of physical depre-
[Issued Pursuant to the National Flood In- elation as to the item damaged.
surance Act of 1968, or Any Acts Amendatory Application means the statement made and
Thereof(Hereinafter Called the Act), and Ap- signed by you or your agent, and giving in-
plicable Federal Regulations in Title 44 of formation on the basis of which we deter-
the Code of Federal Regulations, Subchapter mine the acceptability of the risk, the policy
B) to be issued and the correct premium pay-
ment. The correct premium payment must
DWELLING FORM accompany the application for the policy to
Read the policy carefully. The coverage be
issued. The application is a part of this
provided is subject to limitations, restate,- flood insurance policy.
tions and exclusions.This policy covers only: Association means the group of unit owners
which manages the condominium building in
1. A non-condominium residential building,
which you, ase
main-
designed for principal use as a dwelling place insured unit owner,of one to four families, or Cain your residence.s
2. A single family dwelling unit in a con- Basen flood aof means the eqflualod having e a oned
percent chance of being equalled or exceeded
dominlum building. in any given year.
INSURING AGREEMENT Basement means any area of the building,
including any sunken room or sunken por-
Agreement of insurance between the Fed- tion of a room, having its floor subgrade
eral Emergency Management Agency (below ground level) on all sides.
(FEMA), as Insurer, (hereinafter known as Building means a walled and roofed struc-
"we," `bur," and "us,") and the Insured, ture, other than a gas or liquid storage tank,
(hereinafter known as "you" and "your"). that is principally above ground and affixed
We insure ycu against all direct physical to a permanent site, including a munufac-
loss by or from flood to the ensured property, tured (i.e., mobile) home on a permanent foun-
based upon: dation, subject to Article 6, paragraph H. and
1. Your having paid the correct amount of a walled and roofed building in the course of
premium; and construction, alteration or repair.Cancellation means that ending of the
in-
2. Our reliance on the accuracy of the in- he formation and statements you have fur- priorsura o coverage provided by this policy
to the expiration date.
niched:and prior
Coastal High Hazard Area means an area
3. All the terns of this policy, the National
subject to
Flood Insurance Act of 1968, as amended, and velocitywaters, Including
Title 44 of the Code of Federal Regulations. hurricane wave wash and tsunamis.
is.
Condominium means a system of individual
On this basis, you are insured up to the ownership of units in a multi-snit building or
lesser of: buildings or in single-unit buildings as to
1. The actual cash value, except as provided which each unit owner in the condondnium
in Article 8, not including any antique value, has an undivided interest in the common
of the property at the time of loss; or areas of the buildings) and facilities that
2. The amount it would cost to repair or re- serve the building(s).
place the property with material of like kind Condominium Association Policy means a
and quality within a reasonable time after policy of flood insurance coverage issued to
the loss. an association pursuant to the Act.
258
Federal Emergency Management Agency Pt. 61, App. A(1)
Declarations Page is a computer generated Improvements means fixtures, alterations,
summary of information furnished by you in installations, or additions comprising a part
the application for insurance.The declarations of the insured building or condominium dwell-
page also describes the term of the policy, ing unit.
limits of coverage,and displays the premium Manufactured home means a building trans-
and our name..The declarations page is a part portable in one or more sections, which Is
of this flood insurance policy. built on a permanent chassis and designed to
Direct Physical Loss By or Prom Flood means be used with or without a permanent founds-
any loss in the nature of actual loss of or tion when connected to the required utili-
physical damage, evidenced by physical ties. The term manufactured home does not
changes, to the insured property (building or include park trailers, and other similar vehi-
personal property) which is directly anj . cies. To be eligible for coverage under this
proximately caused by a flood (as defined in policy,a manufactured home must be on a per-
this policy). manent foundation and, if located in a
Dwelling means a building designed for use FEMA designated Special Hazard Area, must
as a residence for no more than four families meet the requirements of paragraph H. of Ar-
and a single family dwelling unit in a con- tide 6.
dominium buUa!inR Mobile home means a manufactured home.
Elevated Building means a non-basement National Flood Insurance Program means the
building which has its lowest elevated floor program of flood insurance coverage and
raised above ground level by foundation floodplain management administered under
walls, shear walls, posts, piers, pilings, or the Act and applicable Federal regulations In
columns. Title 44 of the Code of Federal Regulations,
Emergency Program Community means a Subchapter B.
community wherein a Flood Hazard Bound- Policy means the entire written contract
ary Map(FHBM)is in effect and only limited between you and us; it includes this printed
amounts of insurance are available under the form, the application, and declarations page,
Act. any endorsements which may be issued and
Expense Constant means a flat charge per any renewal certificates indicating that coy-
policy term, paid by the Insured to defray the erage baa been instituted for a new policy
Federal Government's pollcywriting and and policy term. Only one dwelling building or
other expenses. unit, specifically described by you in the ap-
Expiration Due means the ending of the in- placation, may be insured under this policy,
surface coverage provided by this policy on unless application to cover more than one
the expiration date shown on the declarations dwelling building or unit is made on a form or
page. in a format approved for that purpose by the
Federal policy fee means a flat charge per Federal Insurance Administrator.
policy term, paid by the Insured to defray Post-FIRM building means a building for
certain administrative expenses incurred in which the start of construction or substan-
carrying out the National Flood Insurance tial improvement occurred after December
Program not covered by the expense constant. 31, 1974, or on or after the effective date of
This fee was established by section the initial Flood Insurance Rate Map (FIRM)
1307(a)(1)(B)(1i1) of the National Flood Insnr- for the community in which the building is
ance Act of 1958, as amended, and is not sub- located,whichever is later.
ject to producers' commissions, expense al- Pre-FIRM rated building means a building
lowances, or state or local premium taxes. for which the start of construction or sub-
Flood means: stantlal improvement occurred on or before
A. A general and temporary condition of December 31, 1974, or before the effective
partial or complete inundation of normally date of the initial FIRM for the community
dry land area from: in which the building is located, whichever is
1.The overflow of inland or tidal waters. later.
2. The unusual and rapid accumulation or Probation Additional Premium means a flat
runoff of surface waters from any source. charge per policy term paid by the Insured on
3. Mudslides (i.e., mudflows) which are all new and renewal policies issued covering
proximately caused by flooding as defined in property in a community that has been
subparagraph A-2 above and are akin to a placed on probation under the provisions of
river of liquid and flowing mud on the sur- 44 CFR 59.24.
faces of normally dry land areas, including Regular Program Community means a corn-
your premises, as when earth is carried by a munity wherein a FIRM is in effect and full
current of water and deposited along the limits of coverage are available under the
path of the current. Act.
B. The collapse or subsidence of land along Residential condominium building means a
the shore of a lake or other body of water as building owned by the members of a Con-
a result of erosion or undermining caused by dominium Association containing one or
waves or currents of water exceeding the cy- more residential units and in which at least
clical levels which result in flooding as de- 76 percent of the floor area within the build-
fined in subparagraph A-1 above. ing is residential.
259
Pt. 61, App. A(l) 44 CFR Ch. I (10-1-98 Edition)
Special hazard area means an area having 4. Freezing, thawing, or the pressure or
special flood, mudslide, (i.e., mudflow)and/or weight of Ice or water.
flood-related erosion hazards, and shown on a 5. Water, moisture, mildew, mold or
FFIBM or FIRM as Zone A. AO, A1-30, AE, mudslide (i.e., mudflow) damage resulting
A99,AH,AR,VO,V1-30,VE,V, M or E. primarily from any condition substantially
Unit means EL single family dwelling unit, confined to the described dwelling or from
owned by the named Insured. In a condomin- any condition which is within your control
ium building. (including but not limited to design, struc-
Valued policy means a policy contract in tural or mechanical defects, failures, stop-
which the Insurer and the Insured agree on pages or breakages of water or sewer lines,
the value of the property insured, that value drains, Dumps,fixtures or equipment).
being payable in event of total loss. C. Losses of the following nature:
Walled and hoofed means the building has 1. A loss which is already in progress as of
in place two or more exterior,rigid walls and 12:01 a.m. of the first day of the policy term,
the roof is fully secured so that the building or. as to any increase in the limits of coy-
will resist flotation, collapse and lateral erage which is requested by you,a loss which
movement. is already in progress as of 12:01 a.m. on the
date when the additional coverage becomes
Article 3—Losses Not Covered effective.
2. A loss from a flood which is confined to
We only provide coverage for direct physical
the premises on which your insured
loss by or from flood which means we do not displacedover
property
Ss located unless the flood is ov
cover: two acres of the premises.
A. Compensation, reimbursement or allowance 3. A loss caused by your modification to
for: the insured property which materially in-
1. Loss of use of the insured property or creases the risk of flooding.
premises. 4. A loss caused intentionally by you or
2. Loss of access to the insured property or any member of your household.
premises. 5.A loss caused by or resulting from power.
3. Loss of profits. heating or cooling failure, unless such fail-
4. Loss resulting from interruption of busi- ure results from physical damage to power,
ness, profession, or manufacture. heating or cooling equipment situated on the
5. Your additional living expenses incurred premises where the described building or unit
while the insured building is being repaired is located, caused by a flood.
or is uninhabitable for any reason. 6. Loss to any building or contents located
6. Any increased cost of repair or recon- on property leased from the Federal Govern-
struction as a result of any ordinance regu- ment, arising from or incident to the flood-
lating reconstruction or repair except as pro- ing of the property by the Federal Govern-
vided in Coverage D—Increased Cost of Com- ment, where the lease expressly holds the
pliance. Federal Government harmless, under flood
7. Any other economic loss. insurance issued under any Federal Govern-
B. Losses from other casualties, including loss ment program, from loss arising from or in-
caused by: cadent to the flooding of the property by the
1. Theft, fire, windstorm, wind, explosion, Federal Government.
earthquake, land sinkage, landslide, desta-
bilization or movement of land resulting Article 4—Property Covered (Subject to Articles
from the accumulation of water in sub- 3, 5, and 6 Provisions, Which Also Apply to
surface land areas, gradual erosion, or any the Other Articles, Terms and Conditions of
other earth movement except such mudslides This Policy, Including the Insuring Agree-
(i.e., mudflows) or erosion as is covered ment)
under the pert:. of flood.
2. Rain, snow, sleet, hail or water spray. Coverage A—Building Property
3. Land subsidence, sewer backup, or seep- Subject to paragraph C. below, we cover
age of water unless, subject to additional your dwelling which includes:
deductibles as provided for at Article 7, (a) A. A residential building, not a condomin-
there is a general and temporary condition ium, designed for principal use as a dwelling
of flooding in ;he area, (b) the flooding is the place for no more than four families, Includ-
proximate cause of the land subsidence, ing:
sewer backup, or seepage of water, (c) the 1. Additions and extensions attached to
land subsidence, sewer backup, or seepage of and in contact with the dwelling by means of
water damage occurs no later than 72 hours a common wall (but see Article 6, paragraph
after the flood has receded, and (d) the D.2.).
insured buildir.g must be insured, at the time 2. Materials and supplies to be used in con-
of the loss, for at least 80 percent of its re- strutting, altering or repairing the dwelling
placement cost or the maximum amount of or an appurtenant structure while stored in-
insurance available under the National Flood side a fully enclosed building:
Insurance Program. a. At the property address; or
260
Federal Emergency Management Agency Pt. 61, App. A(1)
b. On an adji,cent property at the time of 1. In the name of your Condominium Asso-
loss; or ciation;
c. In case of another building at the prop- 2. Provided under the Act;and
erty address which does not have walla on all 3. In an amount at least equal to the actual
sides, while stored and secured to prevent cash value of the building's common elements
flotation out of the building during flooding at the beginning of the current policy term
(the flotation out of the building shall be or the maximum building coverage limit
deemed by you and us to establish the con- available under the Act, whichever is less.
elusive presumption that the materials and Provided, with respect to coverage for sin-
supplies were not reasonably secured to pre- gle-family dwelling unit assessments:
vent flotation, in which case no coverage is 1. Coverage is available only when each of
provided for such materials and supplies the unit owners comprising the membership
under this policy)• of the Association are also assessed by reason
3. As appurtenant structures, detached ga- of the same cause and provided the assess-
rages and carports located at the described ment arises out of a direct physical loss by or
premises, at your option at the time of loss, from flood to the condominium building in
in an amount up to 10 percent of the amount which your unit is located or to another con-
of insurance you have purchased to cover the dominium building of the Association, as to
dwelling, including additions to the dwelling, which the condominium documents (Articles
By exercising this option, you reduce the of Association, Declarations, and your Deed)
amount of insurance available to cover other impose upon you the responsibility for such
loss relating to Coverage A. an assessment). The deductibles provisions of
This option may not be used to extend coy- Article 7 of this policy do not apply to assess-
erage to buildings: ments.
a. Occupied, rented or leased in whole or in 2. Assessments made by the Association to
part for dwelling purposes (or held for such recoup the amount of a loss deductible in-
use); or curred by the Association in connection with
b. Used in whole or in part for business or any condominium building or contents policy
fanning purposes (or held for such uses); or of insurance are not covered.
c. Which are boathouses. 3. Assessments made by the Association in
4. A building to the course of construction connection with loss of or damage to per-
before it is wailed and roofed subject to the sonal property. including any contents of
following condl dons: any condominium building of the Association,
a. The amount of the deductible for each are not covered.
loss occurrence before the building is walled 4. Assessments made by the Association of and roofed is two times the deductible which condominium building are not covered if the
is selected to apply after the building is assessments are made to recoup loss not re-
walled and roofed; re imbued to the Association, under a policy of
insurance issued pursuant to the National
b. Cover
age in provided before the building Flood Insurance Program, by reason of the
is walled and roofed only while construction fact that the condominium building insured
is in progress, or if construction is halted, under such policy was not, at the time of the
only for a period of up to 90 continuous days loss, insured in an amount equal to the less-
thereafter, until construction is resumed; er of 30 percent or more of the full replace-
and
c. There is no coverage before the building ment cost of the building or the ma imum
Na-
is walled and roofed where the lowest floor, amount of insurance available under the Na-
tionalFlood Insurance Program.
including basement floor, of a non-elevated C. And we cover fixtures including the fol-
building or the lowest elevated floor of an lowing items of property, if owned solely by
elevated building is below the base flood ele-
vation in Zones AH, AE or A1-30 or is below you, for which coverage is not provided under
the base flood elevation adjusted to include Coverage B-Personal Property":
the effect of wave action in Zones VE or V1- • Wall mirrorsFurnaces
• Wall permanentlyet iCorner
30. The lowest floor levels are based on the • Permanently Installed Corner Cupboards,
bottom of the lowest horizontal structural Bookcases,Paneling,and Wallpaper
member of the floor in Zones VE or V1-30 • Venetian Blinds
and the top of the floor in Zones All, AE or • Central Air Conditioners
A1-30. • Awnings and Canopies
B. Or, we cover your single-family dwelling • Elevator Equipment
unit, including improvements therein owned • Fire Sprinkler Systems
solely by you, in a condominium building. We • Built-in Dishwashers
also cover your share of assessments made • Garbage Disposal Units
against you as a tenant in common in that • Outdoor Antennas and Aerials
building's common elements and the common • Pumps and Machinery for operating
elements of any other building of your Con- them
dominium Association covered by insurance • Carpet Permanently Installed Over Un-
that is: finished Flooring
261
Pt. 61, App. AO) 44 CFR Ch. I (10-1-98 Edition)
• Built-in Microwave Ovens • Artwork, including but not limited to,
• Hot Water Heaters, Including Solar paintings, etchings, pictures, tapestries, art
Water Heaters glass windows including their frames, statu-
• Ranges and Stoves ary,marbles, and bronzes;
• Radiators • Rare books;
• Kitchen Cabinets • Necklaces, bracelets, gems, precious or
• Light Fixtures semi-precious stones, watches, articles of
• Plumbing Fixtures gold, silver, or platinum; or
• Refrigerators • Furs or any article containing flu which
Coverage s—Personal Property represents its principal value.
A.Subject to paragraphs B. and C. below, we Coverage C—Debris Removal
cover personal property: Within the limits of your coverage, we
1. Owned by ofo as bcuilding.
incidental to cover any expense you incur, including the
the occupancy membersding. value of your own labor and the labor of
2. Owned by of your family is members of your household at prevailing
your household. Federal minimum wage rates, as a result of
3. At your prtyn and within the limits pur-of removing debris of, on or from the insured
personal propertynd coverageg you have property so long as the debris problem was
chased,S owned by your melts and coveredsery whileh. directly caused by a flood. Under these Buch personal property !e
provi-
stored: alone coverage extends to:
a. Within your dwelling; A. Non-owned debris from beyond the
b. Within a fully enclosed building at the boundaries of the described premises which
property address; is physically on the insured property.
c. Within a building having in place two or B. Parts of the insured property which is
more rigid walls and a fully secured roof if anywhere:
the contents are secured to prevent flotation 1. On the described premises; and
out of the building during flooding. The Rota- 2. On property beyond the boundaries of
tion out of the building during flooding of the described premises.
any such contents shall be deemed to estab-
lish the conc:msive presumption that the Coverage D--Increased Cost of Compliance
contents were not reasonably secured to pre- Coverage
vent flotation; or Increased Cost of Compliance coverage
d. At temporary location, as expressly (Coverage D) is for the consequential loss
authorized under this policy (see Article 5, brought on by a floodplain management ordi-
paragraph C.2.;. nance or law affecting repair and reconstruo-
B. Coverage, under this "Coverage B—Per- tion involving elevation, floodprooflng, relo-
eonal Property," includes the following prop cation, or demolition (or any combination
ert9 if owned solely by you, for which coy-
thereof) of a structure, after a direct loss
erage is not provided under "Coverage A— caused by a "flood" as defined by this policy.
Building Prop (Floodproofing activities eligible for Coy-
• Clothes sy :Washers erage D and referred to hereafter in this pol-
• Food• ClothesFreezers Dryers icy are limited to residential structures with
basements that satisfy the criteria of 44 CFR
• AirConditioning F Units• Portable Dishwashers 60.6 (b) or (c) and to non-residential struc-
• Carpet, including wall-to-wall carpet, tures.)
over finished flooring and whether or not it The limit of liability under this Coverage
is permanently installed D (Increased Coot of Compliance) will not ex-
• Carpet no: permanently installed over ceed S15,000. This coverage is only applicable
unfinished flooring to policies with building coverage (Coverage
• Outdoor equipment and furniture stored A) and is in addition to the Building limit
inside the dwelling or another fully enclosed you selected on your application., and ap-
building at the property address pears on the Declarations Page. No separate
• Portable microwave ovens and "cook- deductible applies. The maximum amount
out" grills, ovens and the like collectible under this policy for both Coy-
C. Limitations. Under this "Coverage B— erage A (Building Property) and Coverage D
Personal Property" we shall not reimburse (Increased Cost of Compliance), however,
you for loss as to: cannot exceed the maximum permitted
1. Personal property owned by you in com- under the Act.
mon with any unit owners comprising the Eligibility
membership of a Condominium Association. A structure covered under Coverage A-
2. The following personal property to the Building Property—sustaining a loss caused
extent the loss to any one or more of such by a "flood" as defined by this policy must:
property exceeds, individually or in total, 1. Be a structure that is a repetitive loss
S250.00: structure. A repetitive loss structure means a
262
Federal Emergency Management Agency Pt. 61, App., A(1)
structure, covered by a contract for flood in- to meet State or local floodylain manage-
surance issued pursuant to the Act, that has meat laws or ordinances, subject to : xclu-
incurred flood-related damage on 2 occasion* Mon(7),
during a 10-year period ending on the date of This coverage will also pay to bring a
the event for which a second claim is made, flood-damaged structure into compliance
in which the cost of repairing the flood dam- with State or local floodplain management
age, on the average, equaled or exceeded 25% laws or ordinances even if the structure had
of the market value of the structure at the received a variance before the present loss
time of each such flood event. In addition to from the applicable floodplain management
the current claim, the National Flood Insur- requirements.
ante Program must have paid the previous Conditions
qualifying claim, and the State or commu- (1) When a structure covered under Cov-
nity must have a cumulative, substantial erage A—Building Property—sustains a loss
damage provision or repetitive loss provision caused by a "flood"as defined by this policy,
in its flood plain management law or ordi- our payment for the loss under this Coverage
nance being enforced against the structure; D will be for the increased cost to elevate,
or floodproof, relocate, demolish, or any corn-
2.Be a structure that has had flood damage bination thereof, caused by enforcement of
in which the cost to repair equals or exceeds current State or local floodylain manage-
50% of the market value of the structure at ment ordinances or laws.Our payment for el-
the time of the flood event. The State or igible demolition activities will be for the
community must have a substantial damage cost to demolish and clear the site of the
provision in its floodplain management law building or a portion thereof caused by en-
or ordinance being enforced against the forcement of current State or local flood-
structure. plain management ordinances or laws. Eligi-
This Coverage D will not pay for Increased ble activities for the cost of clearing the site
Cost of Compliance to meet State or commu- will include those necessary to discontinue
nity floodplain management laws or ordi- utility service to the site and ensure proper
nances which exceed the minimum criteria abandonment of on-site utilities.
at 44 CFR 60.3, except as provided in 1. above (2)When the building is repaired or rebuilt,
or a. or b. as follows: it must be intended for the same occupancy
a. elevation or floodproofing in any risk as the present building unless otherwise re-
zone to preliminary or advisory base flood quired by current floodplain management or-
elevations provided by FEMA which the dinances or laws.
State or local government has adopted and is Exclusions
enforcing for flood-damaged structures in Under this Coverage D (Increased Cost of
such areas. (Thi.s includes compliance activi- Compliance), we will not pay for:
ties in B, C, X, or D zones which are being (1)The cost associated with enforcement of
changed to zones with base flood elevations. any floodplain management ordinance or law
This also includes compliance activities in in communities participating in the Emer-
zones where base flood elevations are being (cency Program.
increased, and a flood-damaged structure (2)The cost associated with enforcement of
must comply with the higher advisory base any ordinance or law that requires any in-
flood elevation.) Increased Cost of Compli- eared or others to test for,monitor, clean up,
since coverage does not respond to situations remove, contain, treat, detoxify or neutral-
in B, C, X, or Li zones where the community ize, or in any way respond to, or assess the
has derived its own elevations and is enforc- effects of pollutants. Pollutants include but
ing elevation or floodproofing requirements are not limited to any solid, liquid. gaseous
for flood-damaged structures to elevations or thermal irritant or contaminant, :includ-
derived solely by the community. ing smoke, vapor, soot, fumes, acid, alkalis,
b. elevation or floodproofing above the chemicals and waste. Waste includes but 1s
base flood elevation to meet State or local not limited to materials to be recycled, re-
"freeboard" requirements, i.e., that a struc- conditioned or reclaimed.
ture must be elevated above the base flood (3) The loss in value to any covered build-
elevation. ing or other structure due to the require-
Under the minimum NFIP criteria at 44 ments of any ordinance or law.
CFR 60.3(b)(4), States and communities must (4) The loss in residual value of the
require the elevation or floodproofing of undamaged portion of a building demolished
structures in unnumbered A zones to the as a consequence of enforcement of any
base flood elevation where elevation data are State or local floodplain management law or
obtained from a Federal, State, or other ordinance.
source. Such compliance activities are also (5) Any increased cost of compliance under
eligible for this Coverage D. this Coverage D:
This coverage: will also pay for the incre- (a) Until the covered building is actually
mental cost, after demolition, or relocation, elevated, floodproofed, demolished or relo-
of elevating or floodproofing a structure dur- cated on the same or to another premises;
ing its rebuilding at the same or another site and
263
Pt. 61, App. A('I) 44 CFR Ch. I (10-1-98 Edition)
(b) Unless the covered building is elevated, ant in common under any Condominium Asso-
floodproofed, demolished, or relocated as elation flood insurance policy provided under
soon as reasonably possible after the loss, the Act for the same loss, exceed the statu-
not to exceed two years. torily permissible limits of building coverage
(6) For any code upgrade requirements, available for the insuring of single-family
e.g., plumbing or electrical wiring, not ape- dwellings under the Act, then the limits of
cifically related to the State or local flood- building coverage under this policy shall be
plain management law or ordinance. reduced in regard to that loss by the amount
(7) For any compliance activities needed to of such excess.
bring additions or improvements made after B. This policy is not a valued policy. Loss
the loss occurred into compliance with State will be paid, provided you have purchased a
or local floodplain management laws or ordi- sufficient amount of coverage, i.e., in an
maces. amount equal to the lesser of the value of
(8) Liss due to any ordinance or law that the damaged property under the terms and
you were required to comply with before the conditions of this policy (and regardless of
current loss. whether the amount of insurance purchased
(9) For any rebuilding activity to stand- is greater than such value) or the limit of
ards that do not meet the NFIP's minimum coverage permitted under the Act.
requirements. This includes any situation C. Insured Property, Covered Locations. Your
where the insured has received from the dwelling and personal property are covered
State or community a variance in cones- while the property is located:
Lion with the current flood loss to rebuild 1. At the property address shown on the ap-
the property to an elevation below the base plication or endorsement, if corrected by en-
flood elevation. dorsement; and
(10)Increased cost of compliance for appur- 2. For 45 days, at another place above
tenant structure(s). ground level or outside of the special hazard
(11) For any structure insured under a area, to which any of the insured property
Group Flood Insurance Policy issued pursu- shall necessarily be removed by you i.n order
ant to 44 CFR 61.17. to protect and preserve it from flood, due to
(12) Assessments made by a condominium the imminent danger of flood (provided, per-
association on individual condominium unit sonal property so removed must be placed in
owners to pay increased costs of repairing a fully enclosed building or otherwise reason-
commonly owned buildings after a flood in ably protected from the elements to be in-
compliance with State or local floodplain cured against loss), in which case the reason-
management ordinances or laws. able expenses incurred by you, including the
Other Provisiors value of your own labor and the labor of
(1) Increased Cost of Compliance coverage members of your household at prevailing
will not be included in the calculation to de- Federal minimum wage rates, in moving any
termine whether coverage meets the 80% in- of your insured property temporarily away
surance-to-value requirement for replace- from the peril of flood shall be reimbursed to
ment cost coverage under Article 8 or for you in an amount not to exceed 3500. This
payment under Article 3.B.3 for loss from policy's deductible amounts, as provided for
land subsidence. sewer backup, or seepage of at Article 7, shall not be applied to this reim-
water. bursement.
(2) All other conditions and provisions of D. Coverage For Certain Loss Mitigation
the policy apply. Measures. When the insurance under this pol-
icy covers a building, reasonable expenses in-
Article.5—Special Provisions Applicable to curred by you for the purchase of the follow-
Coverages A,B, and C ing items are also covered, in an aggregate
A. Condominium unit owner coverage is excess amount not to exceed$750.00:
over Association coverage. The insurance 1. Sandbags, including sand to fill them
under this police shall be excess over any in- and plastic sheeting and lumber used in con-
surance in the tame of your Condominium As- nection with them:
sociation covering the same property covered 2. Fill for temporary levees;
by this policy. Loss shall not be paid under 3. Pumps; and
"Coverage A—Building Property", paragraph 4.Wood:
B., and under "Coverage B—Personal Prop- all for the purpose of saving the building due
erty" until we have verified the extent to to the imminent danger of a flood loss, in-
which loss to improvements and personal eluding the value of your own labor and the
property within your unit, and to the com- labor of members of your household at pre-
mon elements of your building or any other veiling Federal minimum wage rates.
building of your Condominium Association, is The policy's building deductible amount, as
covered by any insurance in the name of provided for at Article 7, shall not be applied
your Condominium Association. to this reimbursement.
Should the amount of insurance collectible For reimbursement under this paragraph
under this policy for a loss, when combined D. to apply, the following conditions must be
with any recovery available to you as a ten- met:
264
Federal Emergency Management Agency Pt. 61, App. A(1)
a. The insured property must be in immi- 4. Trailers on wheels and other rec-
ant danger of sustaining flood damage; and reational vehicles whether affixed to a per-
b. The threat of flood damage must be of manent foundation or on wheels.
such imminence as to lead a person of Isom- 5. Watercraft including their furnishings
mon prudence to apprehend flood damage; and equipment.
and F. Basements, building enclosures lower than
c. A general and temporary condition of the elevated Roots of elevated buildings, and
flooding in the area must occur, even if the Personal property,as follows:
flooding does tot reach the insured property, 1. In a special hazard area, at an elevation
or a legally authorized official must issue an lower than the lowest elevated floor of an
evacuation order or other civil order for the elevated Post-FIRM building, including a man-
community in which the insured property is ufactured(i.e.,mobile) home:
located calling fof measures to preserve life a. Personal property.
and property from the peril of flood. b. Building enclosures, equipment, machin-
ery, fixtures and components, except for the
Article 15—Property Not Covered required utility connections and the foot-
We do not cover any of the following: ings, foundation, posts, pilings, piers or
A. Valuables and commercial property, mean_ other foundation walls and anchorage eye-
ing: tern as required for the support of the build-
1. Accounts, bills, currency, deeds, evi- 2build-
ing.
deuces of debt, money, coins, medals, post- a.In a basement as defined in Article 2:
a. Personal property.
age stamps, securities, bullion, manuscripts, b. Building equipment, machinery, fixtures
other valuable papers or records, and per- and components, including finished walls,
sonal property used in a business. floors, ceilings and other improvements, ex-
2. Personal property used in connection cent for the required utility connections, fi-
with any incidental commercial occupancy berglass insulation, drywalls and sheetrock
or use of the bolding. walls, and ceilings but only to the extent of
B. Property over water or in the open, mean- replacing drywalls and sheetrock walls in an
ing: unfinished manner (i.e., nailed to framing
1. A building and personal property in the but not taped, painted, or covered).
building located entirely in, on, or over water 3. Provided, with regard to both 1. and 2.,
or seaward of mean high tide, if the building except for the case of a dwelling unit in a con-
was newly constructed or substantially im- dominium building as to which the Associa-
proved on or after October 1, 1982. Lion's coverage is sufficient to cover such
2. Personal property in the open. property, the following building and personal
C. Structures other than buildings, including: property items connected to a power source
1. Fences, retaining walls, seawalls, bulk- and installed in their functioning location
heads, wharves,piers, bridges, and docks. are covered so long as you have purchased
2. Indoor and outdoor swimming pools. building and personal property coverage, as
3. Open structures and personal property appropriate:
located in, on, or over water, including boat • Sump pumps
houses or any structure or building into • Well water tanks and pumps
which boats are. floated. • 011 tanks and the oil in them
4. Underground structures and equipment, Cisterns and the water in them
including wells, septic tanks and septic sys- • Natural gas tanks and the gas in them
terns. • Pumps and or tanks used in conjunction
D. Other real yroperty, including: with solar energy
1. Land, land values, lawns, trees, shrubs, ' Furnaces
plants, and growing crops. • Hot water heaters
2. Those portions of walks, walkways, • Clothes washers and dryers
• Food freezers and the food in them
decks, driveways, patios, and other surfaces, • Air conditioners
all whether covered or not and all of what- • Heat pumps
ever kind of construction, located outside • Electrical junction and circuit breaker
the perimeter, exterior walls of the insured boxes
building or unit. • Clean-up
E. Other personal property, meaning: • Stairways and staircases attached to the
1. Animals, livestock, birds, and fish. building which are not separated from the
2. Aircraft. building by elevated walkways.
3. Any self-propelled vehicle or machine • Elevators, dumbwaiters, and relevant
and motor vehicle (other than motorized equipment, except for such relevant equip-
equipment pertaining to the service of the ment located below the base flood elevation if
described unit or building, operated prin- such relevant equipment was installed on or
cipally on your premises, and not licensed after October 1, 1987.
for highway use) including their parts and G. Property below ground, meaning a,building
equipment. or unit and its contents, including personal
265
Pt. 61, App. A(1) 44 CFR Ch. I (10-1-98 (Edition)
property and machinery and equipment, mined as follows: We shall be liable only
which are part of the building or unit, where when such loss exceeds 3500.00; or the amount
more than 49 percent of the actual cash value of any higher deductible which you selected
of such building or unit is below ground, un- when you applied for this policy or subse-
less the lowest level is at or above the base quently by endorsement.
flood elevation (in the Regular Program) or E. Notwithstanding the applicable deduct-
the adjacent ground level (in the Emergency ible in paragraphs C. or I). above, an addi-
Program) by reason of earth having been tional deductible In the sum of 32s0.00 shall
used as an insulation material in conjunc- apply separately to each building and con-
tion with energy efficient building tech- tents loss before payment is made under the
niques. policy for land subsidence, sewer backup, or
H. Certain manufactured homes, meaning a seepage of water as provided for in Article 3,
manufactured (i.e., mobile) home located or paragraph B.S.
placed within a FEMA designated Special
Hazard Area that is not anchored to a perms- Article 8—Replacement Cost Provisions
nent foundation to resist flotation, collapse, Subject to Article 7 and the limits of build-
or lateral movement:
By over-the-top or frame ties to ground ing coverage you have ur these pro-
1.
visions shall apply onlyy to o a a ,single family
anchors; or dwelling which is your principal residence
2. In accordance with manufacturer's sped- and which is covered under this policy.
ficatlons; or
3. In comrliance with the community's For purposes lif this asA youle 8, a singleprincipal rfam-
floodplain management requirements; ily dance
dwelling qualifies he timeof he loss,
dence provided that, at the of the lose,
unless it is a manufactured (i.e., mobile) home you or your spouse have lived in your build-
on a permanent foundation continuously in- ing for either:
sured by the National Flood Insurance Pro- 1. 80 percent of the calendar year inune-
gram at the same site at least since Septem- diately preceding the loss; or
ber 30, 1982. 2. 80 percent of the period of your owner-
I. Containera such as but not limited to gas ship of the insured building, if less than one
tanks or liquid tanks. calendar year immediately
J. Buildings and their contents mode ineli- precededthe loss.
The following are excluded from replace-
gible for flood insurance pursuant to the pro- ment cost coverage:
visions of the Coastal Barrier Resources Act, 1. A unit, in a condominium building, not
16 U.S.C. 3501 et seq., and the Coastal Barrier used exclusively for single family dwelling
Improvement Act of 1990, Pub. L. 101-591, 16 purposes.
U.S.C. 3501 et seq. 2. Outdoor antennas and aerials, awnings,
Article 7—Deductiblesand other outdoor equipment, all whether at-
cached to the building or not.
A. Each logs to your insured property is 3. Carpeting.
subject to E. deductible provision under 4. Appliances.
which you bear a portion of the loss before Under this Article:
payment is made under the policy. A. If at the time of loss the total amount
B. The loss deductible shall apply sepa- of insurance applicable to the dwelling is 80
rately to eact. building and personal property percent or more of the full replacement cost
loss including, as to each, any appurtenant of such dwelling, or is the maximum amount
structure loss and debris removal expense. of insurance available under the National
C. For any flood insurance policy issued or Flood Insurance Program, the coverage of this
renewed for e, property located in an Enter- policy applicable to the dwelling is extended
gency Program community or for any property to include the full cost of repair or replace-
located in a Regular Program community in meat (without deduction for depreciation).
Zones A, AO, AH, Al-A30, AE, AR, AR/AE, B. If at the time of loss the total amount
AR/All, AR/AO, ARA1-A30, ARIA, VO, V1- of insurance applicable to the dwelling is less
V30, VE, or V where the rates available for than 80 percent of the full replacement cost
buildings built before the effective date of the of such dwelling and less than the maximum
initial Flood .Insurance Rate Map or Decem- amount of insurance available under the Na-
ber 31, 1974, whichever is later, are used to tionaI Flood Insurance Program, our liability
compute the premium, the amount of the de- for loss shall not exceed the larger of the fol-
ductible for each loss occurrence is deter- lowing amounts:
mined as fol:.owe: We shall be liable only 1. The actual cash value (meaning replace-
when such loss exceeds 31,000, or the amount ment cost less depreciation) of that part of
of any other deductible that you selected the dwelling damaged or destroyed; or
when you apalied for this policy or subse- 2. That portion of the full cost of repair or
quently by endorsement. replacement without deduction for deprecia-
D. For policies other than those described tion of that part of the dwelling damaged or
in paragraph C. above, the amount of the de- destroyed, which the total amount of insur-
ductible for each loss occurrence is deter- ance applicable to the dwelling bears to 80
266
Federal Emergency Management Agency Pt. 61, App. A(1)
percent of the full replacement cost of such ing the current policy term, then these Re-
placement Cost Provisions shall be applied
If 80 percent of the full replacement cost of based on the maximum amount of insurance
such dwelling is greater than the maximum available under the National Flood Insurance
amount of insurance available under the Na- Program at the beginning of the current pol-
tional Flood Insurance Program, use the marl- icy term instead of at the time of lose.
mum amount in lieu of the 80 percent figure
in the application of this limit. Article 9-General Conditions and Provisions
C. Our liability for loss under this policy A. Pair and Set Clause:If you lose an article
shall not exceed the smallest of the follow- which is part of a pair or set, we win have
ing amounts: the option of paying you an amount equal to
1. The limit of liability of this policy appli- the cost of replacing the lost article, less de-
cable to the damaged or destroyed building; predation, or an amount which represents
or the fair proportion of the total value of the
2. The replacement cost of the dwelling or pair or set that the lost article bears to the
any part thereof identical with such dwelling pair or set.
on the same premises and intended for the B. Concealment, Fraud: We will not: cover
same occupancy and use; or you under this policy, which shall be void,
3. The amount actually and necessarily ex- nor can this policy be renewed or any new
pended in repairing or replacing said dwelling flood insurance coverage be issued to you if:
or any part thereof intended for the same oc- 1. You have sworn falsely, or willfully con-
cupancy and use. cealed or misrepresented any material fact;
D. When the full cost of repair or replace- or
ment is more than 81,000 or more than 5 per- 2. You have done any fraudulent act con-
cent of the whole amount of insurance appli- cerning this insurance (see paragraph F.1.d.
cable to said dwelling, we shall not be liable below); or
for any loss under paragraph A. or subpara- 3. You have willfully concealed or mis-
graph B.2. of these provisions unless and represented any fact on a "Recertification
until actual repair or replacement Is corn- Questionnaire," which causes us to :issue a
pleted. policy to you based on a premium amount
E. In determining if the whole amount of which is less than the premium amount
insurance applicable to said dwelling is 80 which would have been payable by you were
percent or more of the full replacement cost it not for the misstatement of fact (see pare-
of such dwelling, the cost of excavations, un- graph G. below).
derground flues and pipes, underground wir- C. Other Insurance. If a loss covered by this
ing and drains, and brick, stone and concrete policy is also covered by other insurance
foundations, piers and other supports which whether collectible or not, except insurance
are below the under surface of the lowest in the name of the Condominium Association
basement floor, or where there is no basement, issued pursuant to the Act, we will pay only
which are below the surface of the ground in- the proportion of the loss that the limit of li-
side the foundation walls, shall be dis- ability that applies under this policy bears to
regarded. the total amount of insurance covering the
F. You may elect to disregard this condi- loss,
tion in making claim hereunder, but such If there is other insurance in the name of
election shall not prejudice your right to the Condominium Association covering the
make further claim within 180 days after loss same property covered by this policy, this in-
for any additional liability brought about by surance shall be excess over the other insur-
these provisions. ance.
G. These Replacement Cost Provisions do D. Amendments, Waivers, Assignment: This
not apply to any manufactured (i.e., mobile) policy cannot be amended nor can any of its
home which when assembled is not at least 16 provisions be waived without the express
feet wide or does not have an area within its written consent of the Federal Insurance Ad-
perimeter walls of at least 600 square feet or ministrator. No action we take under the
personal property (contents) covered under terms of this policy can constitute a waiver
this policy, nor do they apply to any loss of any of our rights. Except in the case of 1.
where insured property is abandoned and re- a contents only policy, and 2. a policy issued
mains as debris at the property address fol- to cover a building in the course of construc-
lowing a loss. tion, assignment of this policy, in writing, is
H. If your duelling sustains a total loss or allowed upon transfer of title.
if we should pay you the entire building loss E. Cancellation of Policy By You:
proceeds under these Replacement Cost Pro- You may cancel this policy at any time but
visions, there is no requirement that you re- a refund of premium money will only be
build the building at the insured property ad- made to you when:
dress. 1. You cancel because you have transferred
I. If the community in which your property ownership of the described building or unit to
is located has been converted from the Emer- someone else. In this case, we will refund to
gency Program to the Regular Program dur- you, once we receive your written request for
267
Pt. 61, App. A(l) 44 l;Es2 Ch, I (U)- 1-98 Edition)
cancellation (signed by you), the excess of submission of any clan bro :gn° '-nuer the
premiums paid by you which apply to the un- huh!: in which ;age 'do's e .t:re pc:.ry snail
used portion of the policy's term, pro rata but be void as of the date the ohs fu. act was
with retention of the expense constant and committed or from its incepts,::n if tilt policy
the Federal policy fee. is a renewal policy and the wrong-flee) act oc-
2. You canoe:. a policy having a term of 3 curved in connection with an apple.aiion for
years, on an anniversary date, and the rea- or renewal or endorsement of a dui: Sssned
son for the cancellation is: to you it a prior year and afrects toe -rating
a. A policy of flood insurance has been oo- of or prem-um amoant received for tins pcl-
tained or is being obtained in substitution icy. Refunds of oremiums, ii any. shall be
for this policy and we have received a written subject to ;iffset) for our adran.staative ex-
concurrence in the cancellation from any penses ( ncludint; the pa_ m.r:n:. of agent's
mortgagee of which we have actual notice; or ajmmissi dris for any voided pc:icy year) in
b. You have extinguished the insured mortr connection with :,he issuance ro➢cp,
gage debt and are no longer required by the e 'The pre;; hirt ci, submit is )esf thar the
mortgagee to maintain the coverage. rum-nun; see torn .n 44 CVO 'ci_'0 . . .ninrer-
Refund of any premium, under this sub-
tier. wits an, apphrittan r ,. new ;)ilict or
paragraph 2., shall be pro rata but with re- policy renewal, .n which case the r;nlicy is
tention of the expense constant and the Fed- void from its inception datt,.
eral policy fee. 2 Reauaic o drvcr r, as a rite. 'ntarma-
3. You cancel because we have determined txor ' h- e -_�. msur )>,•syment
that your property is not, in fact, in a specza' "ftr , - _ ,. , der _
heard area; and you were required to rl rie,,,, o. :+t: ^.J :rt of cov
vi
purchase flood insurance coverage by a pri- by l
vate lender or Federal agency pursuant to crag equeoas. t -at•- n renewer
the Act; and the lender or Federal agency- no endorsement.a+t o -Li o r r a Si sagraph
longer requires the retention by you of the r'. d a n yl rcl.. '' .• ;,, rt a 5_i!
+r-+ rye . be
e � .o s_ ,"Yar
coverage. In this event, if no claims have '
been paid or are pending, your premium pay- p ` a ..,:r1". c - i
ments will be refunded to you in full, accord, "' • " - ed'
ing to our applicable regulations. scr lcc ' r e:doge
F. Voidance, Reduction or Reformation of the f'"' i r o cL ot r
" r v �wc :
Coverage By Us: a. i.i-+-i. O r, _, Sri s covered
1. Voidance: This policy shall be void and of ii-" 'Ll8 pri`` :re* and M. Oth i-r:^mine
no legal force and effect in the event that ion a r uc-- : e _r. a l_onr m-
any one of the following conditions occurs: -J % r `' (('1 of
a. The property listed on the application ie ' .it s-a ccmium.
not eligible for coverage, in which case the we s e a - n •.i�.rm
policy is void from its inception; 1, i vaddi-
b. Tne community in which the property t°s a -- H° use the
located was not participating in the National -`=iw ` ° r ` --- ` °e'age
Flood Insurance Program on the policy s in e +- wa "` -auto 30
tion date and did not qualify as a participat 'la✓ t c s we R i - en n)))"'-
ing community during the policy's term and Lice oi as:Pao-du, r-s i au ie Policy
before the occurrence of any loss for which eL` ne wef r . ., .n.'sf"••,;(c1 date.
you may receive compensation under the o= Ltar c ':'jm the
policy: effective ua , :.iu r:re. provide
c. If, during the term of the policy, the par-
ticipation in the National Flood insurance coverage .ni yoke
Program of the community in which your b. If toe it +uf is e:v, p r taro i s .nunovered
property is located ceases, in which case the Ijy af t..e time of d ncer ;he policy,
policy shall be deemed void effective at the we shad: eve a lotto of premium due, and if
end of the last day of the policy year in which :vou menu; and we -eoe i:e toe a:di'tional pre-
such cessation occurred and &tall not be re- r iun-, required so purchase for Lae current
newed. 'policy term (.ac the previous policy term, if
In the event the voided policy included 3 then insured) toe limits oi coverage for each
policy years in a contract term of 3 years, Lind of coverage as was ir._rd5ity requested
you shall be entitled to a pro rata refund of by you within .lr had s from .he ,late we give
any premium applicable to the remainder of you written notice of a+id'trona; premium
the policy's term; due, the policy shall oe reformed, f-on: its in-
d. In the event you or your agent have: -ception date, or. In ,tne case of an endorse-
(1) Sworn falsely, or nient, from the effective +late) of the endorse-
(2) Fraudulently or willfully concealed or ment, to provide flood insurance coverage in
misrepresented any material fact including ':he :amouile of coverage turMail; requested.
facts relevant to the rating of this policy in d. Tinder subparagraphs c. and b as to any
the application for coverage, or upon any re- mortgagee or trustee named in the policy, we
newel of cove:mge, or in connection with the shall give a coerce of acddtiena ;r-emium
268
Federal Emergency Management Agency Pt. 61, App. A(1)
due and the right of reformation shall con- the mailing of the renewal notice by us),
tinue in force for the benefit only of the does, in all respects for purposes of the Na-
mortgagee or trustee, up to the amount of aortal Flood Insurance Program, presump-
your indebtedness, for 30 days after written tively establish delivery to you for all par-
notice to the mortgagee or trustee. poses irrespective of whether you actually
G. Policy Renewal: The term of this policy received the notice.
commences on its inception date and ends on However, in the event we determine that,
its expiration date, as shown on the declare- through any circumstances, any renewal no-
tions page whith is attached to the policy. We tice was not placed into the U.S. Postal
are under no obligation to: Service, or, if placed, was prepared or ad-
1. Send you any renewal notice or other no- dressed in a manner which we determine
tice that your policy term is corning to an could preclude the likelipood of its being ac-
end and the receipt of any such notice by tually and timely received by you prior to
you shall not be deemed to be a waiver of the due date for the renewal premium, the
this provision on our part. following procedures shall be followed:
2. Assure that policy changes reflected in
endorsements 'submitted by you during the In
the event that you or your agent noti-
policy term and accepted by us are included fled us, not later than 1 year after the date
in any renewal notice or new policy which we on which the payment of the renewal was
send to you. Policy changes includes the ad- due, of a nonreceipt of a renewal notice prior
diLion of any increases in the amounts of to the due date for the renewal premium,
coverage. which we determine was attributable to the
This policy shall not be renewed and the above circumstance, we shall mail a second
coverage provided by it shall not continue bill providing a revised due date, which shall
into any successive policy term unless the re- be days after the date on which the bill is
newel premium payment is received by us at mailed.
the office of the National Flood Insurance Pro- If the renewal payment requested by rea-
gram within 90 days of the expiration date of son of the second bill is not received by the
this policy, subject to Article 9, paragraph F. revised due date, no renewal shall occur and
above. If the renewal premium payment is the policy shall remain as an expired policy as
mailed by certified mail to the National of the expiration date prescribed on the policy.
Flood Insurance Program prior to the expire- H. Conditions Suspending or Restricting In-
tion date, it shall be deemed to have been re- surance: Unless otherwise provided in writing
ceived within the required 30 days. The cov- added hereto, we shall not be liable for loss
erage provided by the renewal policy is in ef- occurring while the hazard is increased by
fact for any loss occurring during this 30-day any means within your control or knowi-
period even if the loss occurs before the re- edge.
newel premium payment is received, so long I. Alterations and Repairs: You may, at any
as the renewal premium payment is received time and at your own expense, make alter-
within the required 30 days. In all other ations, additions and repairs to the insured
cases, this policy shall terminate as of the ex- property, and complete structures in the
piration date of the last policy term for which course of construction.
the premium payment was timely received S. Requirements in Case of Loss: Should a
at the office of the National Flood Insurance flood loss occur to your insured property,
Program and, in that event, we shall not be you must:
obligated to provide you with any cancella- 1. Notify us in writing as soon as erec-
tion, termination, policy lapse, or policy re- ticable;
newel notice. 2. As soon as reasonably possible, separate
In connection with the renewal of this poi- the damaged and undamaged property, put-
icy, you may be requested during the policy ting it in the best possible order so that we
term to recerti.fy, on a Recertification Ques-
tionnaire we will provide you, the rating in- may examine it; and
formation used to rate your most recent ap- 3. Within 60 days after the loss, send us a
plication for or renewal of insurance. proof of loss, which is your statement as to
Notwithstanding your responsibility to the amount you are claiming under the pol-
submit the appropriate renewal premium in icy signed and sworn to by you and furnish-
sufficient time to permit its receipt by us ing us with the following information.
prior to the expiration of the policy being re- a. The date and time of the loss;
newed, we have established a business proce- b. A brief explanation of how the loss hap-
dure for mailing renewal notices to assist In- send;
sureds in meeting their responsibility. Re- c. Your interest in the property damaged
garding our business procedure, evidence of (for example, "owner") and the interest, if
the placing of any such notices into the U.S. any, of others in the damaged property;
Postal Service, addressed to you at the ad- d. The actual cash value or replacement
dress appearing on your most recent applica- cost, whichever is appropriate, of each dam-
tion or other appropriate form (received by aged item of insured property and the
the National Flood Insurance Program prior to amount of damages sustained;
269
Pt. 61, App. A(1) 44 CFR Ch. I (10-1-98 Edition)
e. Names of mortgagees or anyone else 2. Examination Under Oath and Access to in-
having a lien,charge or claim against the in- cured Property Ownership Records and Con-
sured property; dominium Documents: We may require you to:
f. Details as to any other contracts of In- a. Show us, or our designee, the damaged
surance covering the property,whether valid Property, to be our
designee and to sign examined
transcripts ofysuch
or not: examinations;and
g. Details of s. a changesrpossession ownership,the b. At such reasonable times and places as
insureds, occupancy, since location the of the we may designate, permit us to examine and
s propertya ho policy was issued; make extracts and copies of any policies of
h.building Detailst the to a of loss and
for any insured property insurance insuring you against loss;
at time of lose and what pur- and the deed establishing your ownership of
pose;and the insured real property: and the condomin-
1. The amount you claim is due under this ium documents including the Declarations of
policy to cover the loss, including statements the condominium, its Articles of Association
concerning: or Incorporation, Bylaws, rules and regale-
(1)The limits of coverage stated in the pal- bons, and other condominium documents if
icy; and you are a unit owner 1n a condominium build-
(2) The cost to repair or replace the dam- ing; and all books of accounts, bills, invoices
aged property (w:hichever costs less). and other vouchers, or certified copies there-
4. Cooperate with our adjuster or rep- of if the originals are lost, pertaining to the
resentative in the investigation of the claim; damaged property.
5. Document the loss with all bills, re- 3. Options to Replace: We may take all or
ceipts, and related documents for the any part of the damaged property at the
amount being claimed; agreed or appraised value and, also, repair,
6. The insurance adjuster whom we hire to rebuild or replace the property destroyed or
investigate your claim may furnish you with damaged with other of like kind and quality
a proof of loss form, and she or he may help within a reasonable time, on giving you no-
you to complete it. However, this is a matter tice of our intention to do so within 30 days
of courtesy only, and you must still send us after the receipt of the proof of loss herein
a proof of loss within 60 days after the loss required under paragraph J.3. above.
even if the adjuster does not furnish the 4. Adjustment Options: We may adjust loss
form or help yot complete it. to any insured property of others with the
In completing the proof of loss, you must owners of such property or with you for their
account. Any such insurance under this poi-
a your own judgment concerning the icy shall not inure directly or indirectly to
amount of loss and the justification for that the benefit of any carrier or other bailee for
amount. hire.
The adjuster is not authorized to approve L. When Loss Payable: Loss is payable with-
or disapprove claims or tell you whether in 60 days after you file your proof of loss (or
your claim will be approved by us. within 90 days after the insurance adjuster
7. We may, at our option, waive the re- files an adjuster's report signed and sworn to
quirement for the completion and filing of a by you in lieu of a proof of loss) and ascer-
proof of loss in certain cases, in which event tainment of the loss is made either by agree-
you will be required to sign and, at our op- ment between us and you expressed in writ-
tion, swear to an adjuster's report of the loss ing or by the filing with us of an award as
which includes information about your loss provided in paragraph N. below.
and the damages sustained, which is needed If we reject your proof of loss in whole or
by us in order to adjust your claim. in part, you may accept such denial. of your
8. Any false statements made in the course claim, or exercise your rights under this pol-
of presenting a claim under this policy may icy, or file an amended proof of loss as long
be punishable by fine or imprisonment under as it is filed within 60 days of the date of the
the applicable Federal Laws. loss or any extension of time allowed by the
K. Our Options After a Loss: Options we Administrator.
may, in our sole discretion, exercise after M. Abandonment You may not abandon
loss include the following: damaged or undamaged insured property to
1. Evidence of Loss: If we specifically re- us.
quest it, in writing, you may be required to However, we may permit you to keep dam-
furnish us with a complete inventory of the aged, insured property ("salvage") after a
destroyed, damaged and undamaged prop- loss and we will reduce the amount of the
erty, including details as to quantities, loss proceeds payable to you under the policy
costs, actual cosh values or replacement cost by the value of the salvage.
(whichever is Appropriate), amounts of loss N. Appraisal: If at any time after a loss, we
claimed, and any written plans and specifics- are unable to agree with you as to the actual
tions for repair of the damaged property cash value or, if applicable, replacement cost
which you can make reasonably available to of the damaged property so as to determine
us. the amount of loss to be paid to you, then,
270
Federal Emergency Management Agency Pt. 61, App. MD
on the written demand of either one of us, pay the premium for such increased hazard
each of us shall select a competent and disin- for the term of the use thereof; otherwise,
terested appraiser and notify the other of the this policy shall be null and void.
appraiser selected within 20 days of such de- If this policy is cancelled by us, it shall
mend. The appraisers shall first select a continue in force for the benefit only of the
competent ant disinterested umpire; and mortgagee or trustee for 90 days after writ-
failing, after lb days, to agree upon such urn- ten notice to the mortgagee or trustee of
pire, then, on your request or our request, such cancellation and shall then cease,and we
such umpire shill be selected by a judge of a shall have the right, on like notice, to cancel
court of record in the State in which the in- this agreement.
sured property is located. The appraisers Whenever we shall pay the mortgagee or
shall then appraise the loss, stating sepa- trustee any sum for loss under this policy and
rately replacement cost, actual cash value shall claim that, as to the mortgagor or
and loss to each item; and, failing to agree, owner, no liability therefor existed, we shall,
shall submit their differences, only, to the to the extent of such payment, be thereupon
umpire. An award in writing, so itemized, of legally subrogated to all the rights of the
any two (appraisers or appraiser and umpire) party to whom such payment shall be made,
when filed with us shall determine the under all securities held as collateral to the
amount of actual cash value and loss or, mortgage debt, or may, at our option, pay to
should this policy's replacement cost provi- the mortgagee or trustee the whole principal
sions apply, the amount of replacement cost due or to grow due on the mortgage with in-
and loss. Each appraiser shall be paid by the terest, and shall thereupon receive a full as-
party selecting him or her and the expenses signment and transfer of the mortgage and
of appraisal and umpire shall be paid by both of all such other securities; but no subroga-
of us equally tion shall impair the right of the mortgagee
O. Loss Clause:If we pay you for damage to or trustee to recover the full amount of said
property sustained in a flood loss, you are mortgagee's or trustee's claim.
still eligible, during the term of the policy, to Q. Mortgagee Obligations: If you fail to
collect for a subsequent loss due to another render proof of loss, the named mortgagee or
flood. Of course, all loss arising out of a sin- trustee, upon notice, shall render proof of
gle, continuous flood of long duration shall loss in the form herein specified within B)
be adjusted as one flood loss. days thereafter and shall be subject to the
P. Mortgage Clause: (Applicable to building provisions of this policy relating to appraisal
coverage only and effective only when the and time of payment and of bringing suit.
policy is made payable to a mortgagee or It. Conditions for Filing a Lawsuit: You may
trustee named in the application and declara- not sue us to recover money under this policy
tions page attached to this policy or of whom unless you have complied with all the re-
we have actual notice prior to the payment quirements of the policy. If you do sue, you
of loss proceeds under this policy). must start the suit within 12 months from
Loss, if any, under this policy, shall be pay- the date we mailed you notice that we have
able to the aforesaid as mortgagee or trustee denied your claim, or part of your claim, and
as interest may appear under all present or you must file the suit in the United States
future mortgages upon the property de- District Court of the district in which the in-
scribed in which the aforesaid may have an sured property was located at the time of
interest as mortgagee or trustee, in order of loss.
precedence of said mortgages, and this insur- S. Subrogation: Whenever we make a pay-
ance, as to the interest of the mortgagee or ment for a loss under this policy, we are sub-
trustee only therein, shall not be invalidated rogated to your right to recover for that loss
by any act or neglect of the mortgagor or from any other person. That means that
owner of the described property, nor by any your right to recover for a loss that was
foreclosure or other proceedings or notice of partly or totally caused by someone else is
sale relating to the property, nor by any automatically transferred to us, to the ex-
change in the title or ownership of the prop- tent that we have paid you for the loss. We
erty, nor by the occupation of the premises may require you to acknowledge this trans-
for purposes more hazardous than are per- fer in writing. After the loss, you may not
mitted by this policy; provided, that in case give up our right to recover this money or do
the mortgagor or owner shall neglect to pay anything which would prevent us from recov-
any premium due under this policy, the mort- ering it. If you make any claim against any
gagee or trustee shall, on demand, pay the person who caused your loss and recover any
same. money, you must pay us back first before
Provided, also, that the mortgagee or you may keep any of that money.
trustee shall notify us of any change of own- T. Continuous Lake Flooding: Where the
ership or occupancy or increase of hazard insured building has been inundated by rising
which shall come to the knowledge of said lake waters continuously for 90 days or more
mortgagee or trustee and, unless permitted and it appears reasonably certain that a con-
by this policy, it shall be noted thereon and tinuation of this flooding will result in dam-
the mortgagee or trustee shall, on demand, age, reimbursable under this policy, to the
271
Pt. 61, App. A(2) 44 CPR Ch. I (10-1-98 Edition)
insured building equal to or greater than the policy could be extended or broadened„ with-
building policy limits plus the deductible(s)or out additional premium charge, by endorse-
the maximum payable under the policy for ment or substitution of form, then, such ex-
any one building loss, we will pay you the tended or broadened insurance shall inure to
lesser of these two amounts without waiting your benefit as though such endorsement or
for the further damage to occur if you sign a substitution of form had been made. Any
release agreeing: broadening or extension of this policy to your
1. To make no further claim under this pol- benefit shall only apply to losses occurring
icy; on or after the effective date of the adoption
2. Not to seek renewal of this policy; and of any forms, endorsements, rules or regula-
3. Not to apply for any flood insurance tions affecting this policy.
under the Act for property at the property lo-
cation of the insured building. Article 11—What Law Governs
If the policy term ends before the insured This policy is governed by the flood', insur-
building has been flooded continuously for 90 ance regulations issued by FEMA, the Na-
days, the provisions of this paragraph T. still tional Flood Insurance Act of 1968, as amend-
apply so long as the first building damage re- ed (42 U.S.C. 4001, et seq.) and Federal com-
imbursable under this policy from the contin- mon law.
uous flooding occurred before the end of the In witness whereof, we have signed this poi-
policy term. icy below and hereby enter into this Insur-
U. Duplicate Policies Not Allowed: Property ance Agreement.
may not be insured under more than one pol-
icy issued under the Act. When we find that JAMES L. Wrnr,
duplicate policies are in effect, we shall by Director, Federal Emergency Management
written notice give you the option of shoos- Agency.
ing which policy is to remain in effect under (The information required under the terms
the following procedures: of this policy has been approved by the Office
1. If you choose to keep in effect the policy of Management and Budget under OMB con-
with the earlier effective date, we shall by trol number 3067-0021.)
the same written notice give you an oppor- C58 FR 62424, Nov. 26, 1993, as amended at 62
tunny to add the coverage limits of the later FR 8397 Feb. 25, 1997; 62 FR 6602.9, Dec. 17,
policy to those of the earlier policy, as of the 1997)
effective date of the later policy.
2. L` you choose to keep in effect the policy APPENDIX A(2) TO PART 61
with the later effective date, we shall by the
same written notice give you the oppor- FEDERAL EMERGENCY MANAGEMENT AGENCY,
tunny to add the coverage limits of the FEDERAL INSURANCE ADMINISTRATION
earlier policy r. those of the later policy, as
of the effective date of the later policy. STANDARD FLOOD INSURANCE POLICY
In either case, you must pay the pro rats (issued Pursuant to the National Flood In-
withinpremium 3 for the the writtenr c notice limits surance Act of 1968, or Any Acts Amendatory
30 days of the notice. In no Thereof(Hereinafter Called the Act), and Ap-
event shall the resulting coverage limits ex- plicable Federal Regulations in Title 44 of
need the statutorilypermissible limits of the Code of Federal Regulations. Subchapter
coverage underdertheeAct
Act or your insurable in-
terests, whichever is less.
We shall make a refund to you, according GENERAL PROPERTY FORM.
to applicable National Flood insurance Pro-
gram rules, of the premium for the policy not Read the policy carefully. The coverage
being kept in effect. For purposes of this provided is subject to limitations, restric-
paragraph U., the term effective date means tions and exclusions.
the date coverage that has been in effect This policy provides no coverage:
without any lapse was first placed in effect. 1. In a regular program community, for a
In addition to the provisions of this Para- residential condominium building. as defined
graph U. for increasing policy limits, the in this policy; and
usual procedures for increasing policy limits, 2. Except for personal property coverage,
by mid-term endorsement or at renewal for a unit in a condominium building.
time, with the appropriate waiting period, INSURING AGREEMENT
are applicable to the policy you choose to
keep in effect. Agreement of Insurance between the Fed-
eralArticle ]O--Liberalization Clause Emergency Management Agency
(FEMA), as Insurer, and the Insured.
If during the period that insurance is in The Insurer insures the Insured against all
force under this policy or within 45 days prior Direct physical loss by or from flood to the in-
to the inception date thereof, should we have sured property, based upon:
adopted under the Act, any forms, endorse- 1. The Insured having xu.id :.he correct
ments, rules or regulations by which this amount of premium; and
272
Federal Emergency Management Agency Pt. dt, App. A(2)
2.The Insurer's reliance on the accuracy of Cancellation means that ending of the in-
the information and statements the Insured surance coverage provided by this policy
has furnished; and prior to the expiration date.
3. All the terms of this policy. the National Coastal High Hazard Area means an area
Flood Insurance Act of 1968, as amended, and subject to high velocity waters, including
Title 44 of the Code of Federal Regulations. hurricane wave wash and tsunamis.
Onthis basis, the Insured is insured up to Condominium means a system of individual
the lesser of: ownership of.units in a multi-unit building or
1. The actual cash value, not including any buildings or in single-unit buildings as to
antique value. of the property at the time of which each unit owner in the condominium
loss; or has an undivided interest in the common
2.The amount it would cost to repair or re- areasof the building(s) and facilities that
place the proFerty with material of like kind serve the buildiny(s).
and quality v+itbin a reasonable time after Declarations Page is a computer generated
the loss. summary of information furnished by the In-
sured in the application for insurance. The
Article I--Persons Insured declarations page also describes the term of
the policy, limits of coverage, and displays
The following are insured under this policy: the premium and the name of the Insurer.
A.. The named Insured and legal represent- The declarations page is a part of this flood
atives; insurance policy.
B. Any mortgagee and trustee named in Direct Physical Loss By or From Flood means
the application and declarations page, as well any loss in the nature of actual Ices of or
as any other mortgagee or lose payee deter- physical damage, evidenced by physical
mined to exist at the time of a loss (See Ar- changes, to the insured property (building or
title 8, paragraph L.), in the order of prece- personal property) which is directly and
dense and to the extent of their interest but proximately caused by a "flood" as defined
for no more, in the aggregate, than the inter- in this policy).
est of the named insured. Elevated Building means a non-basement
building which has its lowest elevated floor
f,rfitle 2---Definitions raised above round level by foundation.
As used in this policy: walls, shear wails, posts, piers, pilings, or
coaumns.
Act means the National Flood Insurance e
a
Act of 1968 and any acts amendatory thereof. Emergency Program Communityood means -
community wherein a Flood Hazard Bound-
Actual Cash Value means the replacement asy Map (FHBM) is In effect and only limited
cost of an insured item of property at, the .amounts of Insurance are available Ender the
time of loss, less the value of physical depre- Act
ciation as to the item damaged. Expense Constant means a flat charge per
Application means the statement made and policy term, paid by the Insured to defray the
signed by the Insured, or the Insured's agent, Federal Government's pclicywriting and
and giving information on the basis of which other expenses.
the Insurer determines the acceptability of Expiration Date means the ending of the in-
the risk, the policy to be issued and the cor- surance coverage provided by this policy on
rect premium payment, which must accom- the expiration date shown on the deMarations
pany the application in order for the policy to page.
be issued. The application is a part. of this Federal police fee means a flat charge per
flood insurance policy. policy term, paid by the Insured to defray
Association means the group of unit owners certain administrative expenses Incurred in
which manages the described Condominium carrying out the National flood Insurance
Building. Program not covered by the expense constant.
Base flood means the flood having a one This fee was established by section
percent chance of being equalled or exceeded 1307(a)(7)(B)0ii) of the National Food Insur-
in any given ;year. ance Act of 1968, as amended, and is not sub-
Basement means any area of the building, ject to producers' commissions, expense al-
including any sunken room or sunken per- lowances. or state or local premium taxes.
tion of a room, having its floor suhgrade Flood means:
(below round level) on all sides. A. A general and temporary condition of
Building means a walled and roofed strut- partial or complete inundation of normally
ture, other than a gas or liquid storage tank, dry land areas from.
that is principally above ground and affixed I. The overflow of inland or tida. waters.
to a permanent site, including a walled and 2. The unusual and rapid accumulation or
roofed building in the course of construction. runoff of surface waters from any source.
alteration or repair and a manufactured (i.e.. 3. Mudslides (i.e., mudflows) which are
mobile) home on a permanent 7ounda tier„ sub- proximately caused by flooding as defined in
let; to A•tirte 6, paragraph H. s carag'nrb -t.2 above and are skin u) a
2n.;
Pt. 61, App. A(2) 44 CFR Ch. I (10-1-98 Edition)
river of liquid and flowing mud on the sur- Regular Program Community means a corn-
faces of normally dry land areas as when triunity wherein a FIRM is in effect and full
earth is carried by a current of water and de- limits of coverage are available under the
posited along the path of the current. Act.
B. The collapse or subsidence of land along Residential Condominium Building means a
the shore of a lake or other body of water as building owned by the members of a con-
s result of erosion or undermining caused by dominium association containing one or
waves or currents of water exceeding the cy- more residential units and in which at least
clical levels which result in flooding as de- 75% of the floor area within the building is
fined in subparagraph A-1 above. residential.
Improvements means fixtures, alterations, Special hazard area means an area having
or additions comprising a part oythe insured special flood, mudslide (i.e., mudflow), and/or
building. flood-related erosion hazards, and shown on a
Manufactured home means a building trans- FliBM or FIRM as Zone A, AO, Al-So. AE,
portable in one or more sections, which is A99, AH, AR,VO, V1-30, VE, V, M or E.
built on a permanent chassis and designed to Unit means a unit in the insured Condomin-
be used with or without a permanent founda- ium Building.
Um when connected to the required utili-
ties. Valued policy means a policy contract in
ties. The term manufactured home does not which the Insurer and the Insured agree on
include park trailers, and other similar vehi- the value of the property insured, that value
ties. To be eligible for coverage under this being payable in event of total loss.
policy, a manufactured home must be on a per- WaIied and Roofed means the building has
raiment foundation and, if located in a in place two or more exterior, rigid walls and
FEMA designated Special Hazard Area, must the roof is fully secured so that the building
meet the requirements of paragraph H. of Ar- will resist flotation, collapse and lateral
tide G. movement.
Mobile home means a manufactured home. Article 3—Losses Not Covered
National Flood Insurance Program means the
program of flood insurance coverage and The Insurer only provides coverage for di-
floodplain management administered under rect physical loss by or from flood which
the Act and applicable Federal regulations in means the following are not covered:
Title 44 of the Code of Federal Regulations, A. Compensation, reimbursement or allowance
Subchapter B. for:
Policy means the entire written contract 1. Loss of use of the insured property or
premises.
between the Insured and the Insurer, includ-
ing2. Loss of access to the insured property or
this printed form, the application, and
premises.
declarations page, any endorsements which
may be issued and any renewal certificates 4. Loss of
lt .
pr
4.
busi-
indicating that coverage has been instituted Lossresulting
from interruption of for a new polity and policy term. Only one tars, profession,ingng or manufacture.
building, specifically described by the Insured in 5. Any eadd buildingitional expensesisbeing incurred whiler
the application, may be insured under this poi- the insured fr Ses . repaired or is
icy, unless application to cover more than one uninhabitablel for any reason.
6. Any increased cost of repair or recon-
building is made on a form or in a format ap- struction as a result of any ordinance regu-
proved for that purpose by the Federal Insur- lating reconstruction or repair except as pro-
ante Administrator. vided in Coverage D—Increased Cost of Com-
Post-FIRM building means a building for pliance.
which the start of construction or substan- 7.Any other economic loss.
tial improvement occurred after December B. Losses from other casualties, including loss
31, 1974, or on or after the effective date of caused by:
the initial Flood Insurance Rate Map (FIRM) 1. Theft, fire, windstorm, wind, explosion,
for the community in which the building is earthquake, land sinkage, landslide, desta-
located, whichever is later. bilization or movement of land resulting
Pre-FIRM ra::ed building means a building from the accumulation of water in sub-
for which the start of construction or sub- surface land areas, gradual erosion, or any
stantial improvement occurred on or before other earth movement except such mudslides
December 31, 1974, or before the effective (i.e., mudflows) or erosion as is covered
date of the initial FIRM for the community under the peril of flood.
in which the building is located, whichever is 2. Rain, snow, sleet, hail or water spray.
later. 3. Land subsidence, sewer backup, or seep-
Probation Additional Premium means a flat age of water unless, subject to additional
charge per policy term paid by the Insured on deductibles as provided for at Article 7, (a)
all new and renewal policies issued covering there is a general and temporary condition
property in a community that has been of flooding in the area, (b)the flooding is the
placed on probation under the provisions of proximate cause of the land subsidence,
44 CFR 59.24. sewer backup, or seepage of water, (c) the
274
Federal Emergency Management Agency Pl. 61, App. A(2)
land subsidence, sewer backup, or seepage of 2. Additions and extensions attached to
water damage occurs no later than 72 hours and in contact with the building by means of
after the flood has receded, and (d) the a common wall (but see Article 6, paragraph
insured building must be insured, at the time Di.).
of the loss, for at least 80 percent of its re- 3. Fixtures, machinery and equipment, in-
placement cost or the maximum amount of eluding the following property, all while
insurance available under the National Flood within the building and owned by the named
Insurance Program. Insured, as to which coverage Is not provided
4. Freezing, thawing, or the pressure or under"Coverage B—Personal Property":
weight of ice or water. • Furnaces
5. Water, moisture, mildew, mold or • Wall Mirrors Permanently installed
mudslide (i.e., mudflow) damage resulting • Permanently Installed Corner Cupboards,
primarily from any condition substantially Bookcases,Paneling,and Wallpaper
confined to the insured building or from any • Ventilating Equipment
condition which is within the Insured's con- • Fire Extinguishing Apparatus
trol (including but not limited to design, • Venetian Blinds
structural or mechanical defects, failures, • Central Air Conditioners
stoppages or breakages of water or sewer • Awnings and Canopies
lines, drains, pumps, fixtures or equipment). • Elevator Equipment
C. Losses of the following nature: • Fire Sprinkler Systems
1. A loss which is already in progress as of • Outdoor Antennas and Aerials
12:01 a.m. of the first day of the policy term, • Pumps and Machinery for Operating
or, as to any increase in the limits of coy- Them
arsine which :.s requested by the Insured, a • Carpet Permanently Installed Over Un-
loss which is already in progress as of 12:01 finished Flooring
a.m. on the date when the additional coy- • In the Units Within the Building, In-
erage becomes effective. stalled:
2. A loss from a flood which is confined to • Built-in Dishwashers
the premises on which the insured property • Garbage Disposal Units
is located un:.ess the flood 1s displaced over • Hot Water Heaters
two acres of tse premises. • Kitchen Cabinets
3. A loss canoed by the Insured's modifies- • Built-in Microwave Ovens
Lion to the insured property which materi- • Plumbing Fixtures
ally increases the risk of flooding. • Radiators
4. A loss caused intentionally by the In- • Ranges
sured. • Refrigerators
5. A loss caused by or resulting from power, • Stoves
heating or cooling failure, unless such fail- 4.Materials and supplies to be used in con-
ure results from physical damage to power, structing, altering or repairing the building
heating or cooling equipment situated on the while stored inside a fully enclosed building:
premises where the described building or unit a.At the property address; or
is located, caused by a flood. b. On an adjacent property at the time of
6. A loss to any building or contents located loss; or
on property leased from the Federal Govern- c. In case of another building at the prop-
ment, arising from or incident to the flood- erty address which does not have walls on all
ing of the property by the Federal Govern- sides, while stored and secured to prevent
meat where the lease expressly holds the flotation out of the building during flooding
Federal Government harmless, under flood (the flotation out of the building shall be
insurance issued under any Federal Govern- deemed to establish the conclusive presump-
meat program, from loss arising from or in- tion that the materials and supplies were not
cident to the flooding of the property by the reasonably secured to prevent flotation, in
Federal Government. which case no coverage is provided for such
materials and supplies under this policy).
Article 4—Property Covered (Subject to Articles 5. A building in the course of construction
3, 5 and 6 Provisions, Which Also Apply to the before it is walled and roofed subject to the
Other Articles, Terms, and Conditions of This following conditions:
Policy,Including the Insuring Agreement) a. The amount of the deductible for each
Coverage A—Building Properly loss occurrence before the building is walled
and roofed is two times the deductible which
This polio/ covers a building (the is selected to apply after the building is
"building") at the premises which is de- walled and roofed;
scribed in the application, and includes: b. Coverage is provided before the building
1. The entire building, for its real property is walled and roofed only while construction
elements, including, if owned in common by is in progress, or if construction is halted,
a Condominium Association, as named Insured, only for a period of up to 80 continuous days
all units within the building and the improve- thereafter, until construction is resumed;
ments within the units. and
275
Pt. 61, App. i1/4(2) 44 CFR Ch. I (10-1-98 Edition)
c. There is no coverage before the building building) under "Coverage A—Building Prop-
is walled and roofed where the lowest floor, arty":
including basement floor, of a non-elevated • Clothes Washers
building or the lowest elevated floor of an • Clothes Dryers
elevated buiidit,g is below the base flood ele- • Food Freezers
vation in Zones AA, AE or A1-30 or is below • Air Conditioning Units Installed in the
the base flood elevation adjusted to include Building
the effect of wave action in Zones VE or VI- • Portable Dishwashers
30. The lowest floor levels are based on the • Carpet, including wall-to-wall. carpet,
bottom of the lowest horizontal structural over finished flooring and whether or not it
member of the floor in Zones VE or V1-30 is permanently installed
and the top of the floor in Zones AA, AE or • Carpet not permanently installed over
Al-30. unfinished flooring
• Outdoor equipment and furniture stored
Coverage B—Personal Property inside the dwelling or another fully enclosed
A. Subject to paragraphs B, C, and D, building at the property address
• below, this policy covers personal property • Portable microwave ovens and "cook-
which is in or on the insured, fully enclosed out" grills, ovens and the like
building and is: D. Limitations. Under this "Coverage B-
1. Owned solsly by the Insured, or in corn- Personal Property", the Insured shall not be
mon by the unit owners of a condominium, reimbursed for loss as to the following per-
i.e., as to which each unit owner has an wadi- sonal property to the extent the loss to any
vided ownership interest; or one or more of such property exceeds, indi-
2. In the case of a condominium, owned sole- vidually or In total, S250.00:
ly by a condominium association and used ex- • Artwork. including but not limited to,
elusively in the conduct of the business af- paintings, etchings, pictures, tapestries, art
fairs of the condominium. glass windows including their frames, statu-
3. Such personal property is also covered ary, marbles, and bronzes;
while stored as a temporary location, as ex- • Rare books;
pressly authorized under this policy (see AT- • Necklaces, bracelets, gems, precious or
tide 5, paragra.th B.24. semi-precious stones, watches, articles of
B. When the insurance under this policy gold, silver, or platinum; or
coven personal property (contents), coy- • Furs or any article containing fur which
erage shall be for either household contents represents its principal value.
or other than household contents, but not for E. The Insured, if not an owner of the
both_ described building, may apply up to 10 per-
1. When the insurance under this. policy cent of the amount of insurance applicable
covers other than household contents, such to the personal property covered under this
insurance shall cover, subject to "Coverage item, not as an additional amount of insur-
A—Building Property", paragraph 3.: Mer- ance, to cover loss to improvements to the
chandise and stock, materials and stock sup- described building which have been made, or
plies of every ciescription. furniture, fixtures, acquired, at the expense of the Insured exclu-
machinery and equipment of every descrip- sive of rent paid by the Insured, even though
tion all owned by the Insured and all while the improvements are not legally subject to
within the described enclosed building. Bail- removal by the Insured.
ees' goods are specifically excluded from cov- F. The Insured, if a condominium unit owner
erage under this policy. in the described building, may apply up to 10
2. When the insurance under this policy Percent of the amount of insurance on per-
covers household contents, such insurance sonal property covered under this ;:'obey, not
shall cover, subject to "Coverage A—Build- as an additional amount of insurance, to
ing Property", paragraph 3.: All household cover loss to the interior walls, floors, and
and personal property usual or Incidental to ceilings that are not otherwise covered under
the occupancy of the premises as a residence, a condominium association potion/ insuring the
except any property more specifically coy- described non-residential condominium build-
ered in whole or in part by other insurance ing.
including the peril insured against in this G. In the case of personal property owned
policy, belongi:2g to the Insured or members by the Insured in a condominium building, as
of the Insured's family of the same house- a condominium unit owner, as well as in corn-
hold, or for which the Insured may be liable, mon with other condominium unit owners,
or, at the option of the Insured, belonging to should the amount of insurance collectible
a servant or guest of the Insured—all while under this policy for a loss, when combined
within the described enclosed building. with any recovery available to the Insured as
C. Coverage for personal property includes a tenant in common under any condimunium
the following Property, subject to paragraph association flood insurance coverage provided
A. 1. and 2., above, for which coverage is not under the Act for the same loss, exceed the
provided (irrespective of the manner in which statutorily permissible limits of personal
the property if, installed in or adapted to the property coverage available under the Act for
276
Federal Emergency canage'ment Agency Pt. 61, App. A(2)
the insuring of the pergionsil property. '.hen A structure covered under Coverage A--
the limits of personal property coverage Building Property—sustaining a loss caused
under this polio- ehail be reduced 1n regard by a "flood" as defined by this policy must:
to that :ORS cy Eh- am- kIDV suchexcess. 1. Be a structure that is a repetitive loss
The insurance under eels poiirb shall be ex- structure. A repetitive loss structure means a
cess Over auy insurance .n the name of the structure, covered by a contract for flood in-
Condominiui-n Assoeiaton cover.'-ng the same durance issued pursuant to the Act, that has
property. Loar, shall ,rot be paid under this incurred flood-related damage on 2 occasions
polio-,yp until the Insurer has verified the ex- during a 10-year period ending on the date of
tan to which snot, lee'? ie covered by any in-
in
event for which a second claim is made,
surea:cc in Le ��f a A,undo*rsinia�m also-- in which the cost of repairing the flood dam-
cat.n..� age, on the average, equaled or exceeded 25%
of the market value of the structure at the
C, ,•-¢q,'<. -.r~ s F, -•.a uai time of each such flood event. In addition to
the current claim, the National Flood Insur-
Th.s insurance c,o'-'eey enpense incurred in ance Program must have paid the previous
the retnogal cI debris. of or on. or f ore the qualifying claim, and the State or commu-
buiid'ing i ,c..somas erioneety covered here- nity must have a cumulative, substantial
under, winch aa• oceasAened by loss damage provision or repetitive loss provision
caned by a fie rider El) previ?ione in its flood plain management law or ordl-
covera.ge er:candle c. wince being enforced against the structure;
1. Nor-owned (leer is cirri beyond the or
bounda.rie f ter: Lies eflael p..effd3eti Ar_.^h 2. Be a structure that has had flood damage
is p .si,.,,, , . , „r.. p cc in which the cost to repair equals or exceeds
the builxttc r tit,:
r c .url pe,iarey, 50% of the market value of the structure at
2 p
a-ts. xuy ' ere. the time of the flood event. The State or
a. t.q , E it_ y - .�,u enuimunity must have a substantial damage
t,) oq provision in its floodplain management law
ordinance being enforced against the
structure.
Tee east ' z s cots for This Coverage D w111 not pay for Lacreased
rt Les_ • re1t c.c-al e:e- Cast of Compliance to meet State or commu-
fe- c, a .,,: rf radar- city floodplain management laws or ordi-
ane pp]:y nanees which exceed the minimum criteria
arty +; 'or at 44 CFR 60.3, except as provided in 1. above
or a. or b. as follows:
a- Elevation or floodproofing in, any risk
cone to preliminary or advisory base flood
sr� e elevations provided by FEMA which the
.ter raar "l r r,.lal ins= Sea .. or local government has adopted and is
.. 7. ,:an rai-
rrc'ing for flood-damaged structures in
. >. r a,t errs_..
ano2; areas. ;This Includes compliance activi-
nvo is �a ,it -1g lo-
tFrs 1n B. C. %, or D zones which are being
:hanged to zones with base flood elevations.` "r�`r' E� ``�� 'T'his also includes compliance activities in
r.� .� ..,.. er"'c rsi ;;ones where base flood elevations are being
i. ' Increased, and a flood-damaged structure
iF ,.,r' t �t` '-rust comply with the higher advisory Lase
p ant 'The "' 'r "h r (loon elevation.) Increased Cost of Compli-
ec it L9 ,. ..-n.,:'3! Jdra'_ wctn
:tree coverage does not respond to situations
b a ,,, .�e or a .,+. 44 CFR
6-3 us;,ruc- in B, Q D zones where theits en community
has derivedits own elevations and.dis enforc-
e' — tug elevation or floodproofing requirements
. . ,:s ' ±-en v ___- o:s °"or. xge for flood-dama
ged structures to elevations
e:- derived solely by the community.
fCer} tit COI The: v -age e!yapplicable b. Elevation or floodproofing above the
o •v . r e =rt1' gin. ra I _eE. ±Coverage base rood elevation to meet Stare or local
oc'c >..l; is r �, sYx .uinv. trnft -freeboard- requirements, i.e., that a struc-
yee ;e:i" .d rni V r ;,7:r,rice, Sde at- tare must be elevated above the base flood
flea` et' , .. ! '-_. ... , ...1 `lo separate elevation,
tec u..77 bin si tlicr re ma tele a . .ica Linder the minimum NFIP criteria at 44
coLeilitiee _ _ Pro m bor e-n Co CVR 60.3tb)±4), States and communities must
era•' �. . e !.�c o equire the elevation or floodproofing of
., a:eve" structures to the base flood elevation where
arr(,c .. _ .::r, -,.AC- elevation data are obtained from a Federal,
dreier toe ?.c�' Stare, or other source. Such compliance ac-
:otheL".- Telties are also eligible for this Coverage D.
tnry
Pt. 61, App. A(2) 44 CFR Ch. I (10-1-98 Edition)
This coverage will also pay for the mere- (a) Until the covered building Is actually
mental cost, alter demolition, or relocation, elevated, floodproofed, demolished or relo-
of elevating or floodprooflng a structure dur- cated on the same or to another premises;
ing its rebuilding at the same or another site and
to meet State or local floodplain manage- (b) Unless the covered building is elevated,
ment laws or ordinances, subject to Exclu- floodproofed, demolished, or relocated as
sion (7). soon as reasonably possible after the loss,
This coverage will also pay to bring a not to exceed two years.
flood-damaged structure into compliance (6) For any code upgrade requirements,
with State or local floodplain management e.g., plumbing or electrical wiring, not spe-
laws or ordinances even if the structure had cifleally related to the State or local flood-
received a variance before the present loss
from the applicable floodplain management plain management law or ordinance.
requirements. (7) For any compliance activities needed to
Conditions bring additions or improvements made after
(1) When a structure covered under Coy- the loss occurred into compliance with State
erage A—Building Property-sustains a loss or local floodplain management laws or ordi-
caused by a "flood" as defined by this policy, nances.
our payment for the loss under this Coverage (8) Loss due to any ordinance or law that
D will be for the increased cost to elevate, you were required to comply with before the
floodproof, relocate, demolish, or any corn- current loss.
binati.on thereof, caused by enforcement of (9) For any rebuilding activity to stand-
current State or local floodplain manage- ards that do not meet the NFlP's minimum
ment ordinances or laws. Our payment for el- requirements. This includes any situation
igible demolition activities will be for the where the insured has received from the
cost to demolish and clear the site of the State or community a variance in connec-
building or a portion thereof caused by en- tion with the current flood loss to rebuild
forcement of current State or local flood- the property to an elevation below the base
plain management ordinances or laws. Eligi- flood elevation.
ble activities for the cost of clearing the site (10) For any structure insured under a
will include those necessary to discontinue Group Flood Insurance Policy issued
pursu-
utility service to the site and ensure proper abandonment of on-site utilities. ant to 44 CFR 61.17.
(2)When the building is repaired or rebuilt, Other Provisions
it must be intended for the same occupancy (1) Increased Cost of Compliance coverage
as the present building unless otherwise re- will not be included in the calculation to de-
quired by current floodplain management or- termine whether coverage meets the 80% in-
dinances or laws. surance-to-value requirement for payment
Exclusions under Article 3.B.3 for loss from land. subsid-
Under this Coverage D (Increased Cost of ence, sewer backup, or seepage of water.
Compliance), w s will not pap for: (2) All other conditions and provisions of
(1)The cost associated with enforcement of the policy apply.
any floodplain management ordinance or law
in communities participating in the Eimer- Article 5—Special Provisions Applicable to
gency Program. Coverages A, B, and C
(2)The cost associated with enforcement of A. This policy is not a valued policy. Loss
any ordinance or law that requires any in- will be paid, provided the Insured has pur-
eured or others to test for, monitor, clean up, chased a sufficient amount of coverage, i.e.,
remove, contain, treat, detoxify or neutral- In an amount equal to the lesser of the value
ize, or in any way respond to, or assess the of the damaged property under the terms and
effects of pollutants. Pollutants include but conditions of this policy (and regardless of
are not limited to any solid, liquid, gaseous whether the amount of insurance purchased
or thermal irritant or contaminant, includ- is greater than such value) or the limit of
ing smoke, vapor, soot, fumes, acid, alkalis, coverage permitted under the Act.
chemicals and waste. Waste includes but is
not limited to materials to be recycled, re- B. Insured Property, Covered Locations. The
conditioned or reclaimed. building and personal property are covered
(3) The loss in value to any covered build- while the property is located:
ing or other structure due to the require- 1. At the property address shown on the ap-
ments of any ordinance or law. placation; and
(4) The loss in residual value of the 2. For 45 days at another place above
undamaged portion of a building demolished ground level or outside of the special hazard
as a consequence Df enforcement of any area, to which any of the insured property
State or local floodplain management law or shall necessarily be removed in order to pro-
ordinance. tact and preserve it from flood, due to the
(5) Any increased cost of compliance under imminent danger of flood (provided, personal
this Coverage D: property so removed must be placed in a
278
Federal Emergency Management Agency Pt. 61, App. A(2)
fully enclosed building or otherwise reason- B. Property over water or in the open, mean-
ably protested from the elements to be in- ing:
sured against tom), in which ease the reason- 1. A building and personal property in the
able expenses incurred by the Insured, in- building located entirely in, on, or over water
eluding the value of its own labor at prevail- or seaward of mean high tide, if the building
ing Federal minimum wage rates, in moving was newly constructed or substantially im-
any of the :Insured property temporarily proved on or after October 1,1962.
away from the peril of flood shall be reim- 2.Personal property in the open.
Mimed in an amount not to exceed 3500.00. C. Structures other than buildings, including:
This policy's deductible amounts, as provided 1. Fences, retaining walls, seawalls, bulk-
for at Article 7, shall not be applied to this heads,wharves,piers, bridges,and docks.
reimbursement, but shall be applied to any 2.Indoor and outdoor swimming pools.
other benefits under this policy's coverage. 3. Open structures and personal. property
C. Coverage For Certain Loss Mitigation located In, on, or over water, including boat
Measures. When the Insurance under this pal- houses or any structure or building into
icy covers a building, reasonable expenses in- which boats are floated.
curred by the Insured for the purchase of the 4. Underground structures and equipment,
following items are also covered, in an ag- including wells, septic tanks and septic eys-
gregate amount not to exceed$150.00: tee.
1. Sandbags, including sand to fill them I). Other real property,including:
and plastic sheeting and lumber used in con- 1. Land, land values, lawns, trees, shrubs,
nection with them; plants, and growing crops.
2.Fill for temporary levees; 2. Those portions of walks, walkways,
3. Pumps;and decks, driveways, patios, and other. surfaces,
4.Wood; all whether covered or not and all of what-
ever kind of construction, located outside
all for the purpose of saving the building due the perimeter, exterior walls of the insured
to the imminent danger of a flood loss, in- building.
chiding the value of the Insured's own labor E. Other personal property,meaning:
at prevailing Federal minimum wage rates. 1. Animals, livestock, birds, and fish.
For reimbursement under this paragraph 2. Aircraft.
C. to apply, the following conditions must be 3. Any self-propelled vehicle or machine
met: and motor vehicle (other than motorized
a. The insured property must be in Mimi- equipment pertaining to the service of the
nent danger of sustaining flood damage; and described unit or building, operated prin-
b. The threat of flood damage must be of cipally on the premises of the Insured, and
such imminence as to lead a person of corn- not licensed for highway use) including their
mon prudence to apprehend flood damage; parts and equipment.
and 4. Trailers on wheels and other rec-
c. A general and temporary condition of reational vehicles whether affixed to a per-
flooding in the area must occur, even if the manent foundation or on wheels.
flooding does not reach the insured property, 5. Watercraft including their furnishings
or a legally authorized official must issue an and equipment.
evacuation order or other civil order for the 6. Personal property owned by or in the
community it. which the insured property is care, custody or control of a unit owner, ex-
located calling for measures to preserve life cent for the property described in Article 4
and property from the peril of flood. under "Coverage B—Personal Property",
The policy's building deductible amount, as paragraph B. of this policy.
provided for at Article 7, shall not be applied F. Basements, building enclosures lower than
to this reimbursement, but s11a11 be applied the elevated floors of elevated buildings, and
to any other benefits under the policy's build- personal property, as follows:
ing coverage. 1. In a special hazard area, at an elevation
lower than the lowest elevated floor of an
Article 6—Property Not Covered elevated Post-FIRM building, including a man-
This policy shall not cover any of the fol- man-
ufactured Personal(i. roper)obile) home:
a. property.
lowing: b. Building enclosures, equipment, machin-
A. Valuables and commercial property, mean- ery, fixtures and components, except for the
ing: required utility connections and the foot-
1. Accounts, bills, currency, deeds, evi- tags, foundation, posts, pilings, :piers or
deuces of debt, money, coins, medals, post- other foundation walls and anchorage sys-
age stamps, securities, bullion, manuscripts, tern as required for the support of the build-
other valuable papers or records, and per- ing.
sonal property used in a business. 2. In a basement as defined in Article 2:
2. Personal property used in connection a.Personal property.
with any inc:ldental commercial occupancy b. Building equipment, machinery, fixtures
or use of the building. and components, including finished walls,
279
179-173 0-98--10
H. 61, App. Act) 44 CFR Ch. I (10-1-98 Edition)
floors, ceilings and other improvements, ex- gram at the same site at least since Septem-
cept for the required utility connections, fi- ber 30, 1982.
berglass insulation, drywalls and sheetrock L Containers such as but not limited. to gas
walls, and ceilings but only to the extent of tanks or liquid tanks.
replacing drywalls and sheetrock walls in an J. Buildings and their contents made Melt-
unfinished manner (i.e., nailed to framing gible for flood insurance pursuant to the pro-
but not taped, painted, or covered). visions of the Coastal Barrier Resources Act,
3. Provided, with regard to both 1. and 2., 18 U.S.C. 3501 et seg., and the Coastal Barrier
above, the following building and personal Improvement Act of 1990, Public Law 101-591,
property items connected to a power source 18 U.S.C.3501 et seg.
and installed in their functioning location K. Residential condominium buildings and
are toyed so long as the Insured has pur- their contents owned by the Insured as a ten-
chased building and personal property coy- ant in common with others under a con-
erage,as appropriate: dominium form of ownership and any building
• Sump pumps components and contents owned solely by
• Well water tanks and pumps the Insured in connection with a residential
• Oil tanks and the oil in them condominium building in a Regular Program
• Cisterns and the water in them community.
• Natural gas tanks and the gas in them Article 7—Deductibles
• Pumps and/cr tanks used in conjunction
with soles energy A. Each loss to the insured property is sub-
• Furnaces ject to a deductible provision under which
• Hot water heaters the Insured bears a portion of the loss before
• Clothes washers and dryers payment is made under the policy.
• Food freezers and the food in them B. The loss deductible shall apply sepa-
• Air conditio:iera rately to each building and personal property
• Heat pumps coverage loss including, as to each, any ap-
• Electrical junction and circuit breaker purtenant structure loss and debris removal
boxes expense.
• Stairways tad staircases attached to the C. For any flood insurance policy issued or
building which are not separated from the renewed for a property located in an Emer-
building by elevated walkways gency Program community or for any property
• Clean-up located in a Regular Program community In
• Elevators, dumbwaiter's, and relevant Zones A, AO, AH, Al-A30, AE, AR, AR/AE,
equipment, except for such relevant equip- AR/AH, AB/AO, AWA1-A30, ARIA, VO, Vl-
ment located below the base flood elevation if V30, VE, or V where the rates available for
such relevant equipment was installed on or buildings built before the effective date of the
after October 1, 1987. initial Flood Insurance Rate Map or Decem-
G. Property below ground, meaning a building ber 31, 1974, whichever is later, are used to
or unit and its contents, including personal compute the premium, the amount of the de-
property and machinery and equipment, ductible for each loss occurrence is deter-
which are part of the building or unit, where mined as follows: The Insurer shall be liable
more than 49 percent of the actual cash value only when such loss exceeds 31,000, or the
of such building or unit is below ground, un- amount of any other deductible that the In-
less the lowest level is at or above the base sured selected when it applied for this policy
flood elevation (in the Regular Program) or or subsequently by endorsement.
the adjacent ground level (in the Emergency D. For policies other than those described
Program) by reason of earth having been in paragraph C. above, the amount of the de-
used as an insulation material in conjunc- ductible for each loss occurrence is deter-
tion with energy efficient building tech- mined as follows: The Insurer shall be liable
niques. only when such loss exceeds 5500.00, or the
H. Certain manufactured homes, meaning a amount of any higher deductible which the
manufactured (i.e., mobile) home located or Insured selected when it applied for this pal-
placed within a FEMA designated Special icy or subsequently by endorsement.
Hazard Area that is not anchored to a perma- E. Notwithstanding the applicable deduct-
nent foundation to resist flotation, collapse, ible in paragraphs C. or D. above, an addi-
or lateral movement: tional deductible in the sum of 3250.00 shall
1. By over-the-top or frame ties to ground apply separately to each building and con-
anchors; or tents loss before payment is made under the
2. In accordance with manufacturer's specf- policy for land subsidence, sewer backup, or
fications; or seepage of water as provided for in Article 3,
3. In compl:.ance with the community's paragraph B.3.
floodplain management requirements;
unless it is a manufactured (i.e., mobile) home
Article 8—General Conditions and Provisions
on a permanent foundation continuously in- A. Pair and Set Clause: If there is loss of an
sured by the National flood Insurance Pro- article which is part of a pair or set. the
280
Federal Emergency Management Agency M. et, App. A(2)
measure of lees shall be a reasonable and fair of the last day of the pence! year in which
proportion of the total value of the pair or such cessation occurred and shall not be re-
set, giving consideration to the importance newod.
of said article, but each loss shall not be con- In the event the voided policy included 3
°trued to mean total loss of the pair or set. policy years In e. curia-act term of 3 years, the
B. Conceatm2nt, Fraud: This policy shall ve Insured shall be entitled to a pro-rata refund
void, nor can this policy be renewed or any of any premium aeelica.ble to the remainder
new flood insurance coverage be issued to the of the policy's tsar.;
Insured if any person insured under Article 1, d.. In the event any Ireu:ed or its agent
paragraph A., whether before or after a loss, .as:
has: el) Sworn fats-by; or
1. Sworn falsely, or willfully concealed or (2) Fraudulently or willfully concealed or
misrepr'esentedany material fact; or 'Imierepnieersied any material fact including
2. Done any fraudulent act concerning this facts relevant 'et) the rating of this policy in
insurance (See paragraph E.1.d. below); or the application for coverage, or upon. any re-
3. Willfully concealed or misrepresented newai of overage, or in connection with the
any fact on a "Recertification Question- subrrissito v ny claim brought under the
noire,' which causes the Insurer to issue a oo ci, in svcici, case this entire policy shall
policy based on a premium amount which is Se void as o; teas date the wrongful act was
less than the premium amount which would :xtnuaitted or from Its Inception if this policy
have been payable were it not for the is a renewal policy and the wrongful act oc-
misstatement of fact (see paragraph F. vaned in connection with an application for
below). or renewal or en_doexernent of a policy issued
C. Other Insurance: if a loss covered .,, this to the Ineur gat ::n a prior yesr and affects the
policy is also covered by other insurance, rating of or p enttrem amount received for
whether collectible or not, the Insurer will eh o noii+"a vr-'us;de uremluros, if any,
pay only the proportion of the lose that the shell '-' +*rat, c`s v, of.aetts for the Insurer's
limit of liability that applies under this poi- adniinistirative expe:see including the pay-
icy bears to The total amount of insmvance mart t of oireati s nor any voided
covering the loss, provided, if ..itt the time of payee; year) in orcnec - with the Issuance
loss, there is other insurance made available ft the policy:
under the Act, in the name of a unit owner e. The oteiruitain subrnlu.eei is lees than the
which provides coverage for the sari° loss minimums set i.>rtb '.n 44 CF ,6i.1O ;n connec-
covered by this policy:, this policy's coverage 7..i0L, with any Pxlivat'::a for a new policy or
shall be primary and not contributing with peeing - :iew-ai in whicitt, caos the policy is
such other insurance. vala fton:. ;.t.+'c cept::on
D. Amendments and Wahie s, Assignment: iiocitnirre r im. •,r i,e,+orma-
This Standard Flood Insurance Policy cannot tang: la the ems ot litintr, thetrennuir.;wvrnent
be amended nor can any of its provisions be is ocit rairtillitton iiriistlier evident or not) to
waived without the express written consent purchase the ,"i+ vesagi, requested
of the Federal Insurance Administrator. No by in a-spit u o
� enowal, endorsement, or
action the Insurer takes antler the terms of other Corn c < ;ocragraph E.1.d does not
this policy can constitute a wafrer of dog of ittiply. net ifit actin" c;a:, ie aiee';eel to pro-
its rights. Except in the case cc i. v contents tide cn+'- seth itreteragie as can be purchased
only policy and 2. a policy issued to cover a for toe onions Minn of the policy, for the
building in the course of construction, as- amount of -mite n e ceet V'd, subject to in-
signment of this policy,in writing, is allowed :r ne,na '.fe wrtolwt of ccverage pursuant to
upon transfer of title. a F 4$lthl pe c v:d'ed, however:
E. Voidance. Reduction or Reformation of the a. If heineuMcient premium is discovered
Coverage: by the hmr:;eer prior to a lose and the Insurer
1. Voidance: This policy shall be void and of can determine toe amount of :naufficient
no legal force and effect in the event that premium from tn.rormaticn in Its possession
any one of the following conditions occurs: a, the time o- ;es disco-cry of :he insuffl-
a. The property listed on the application is elect premium, the Insurer shall give a no-
not eligible for coverage, in which case the tics of aeditionai premium. due, and if the
policy Is void from its inception; - Insured renuts hiiid the insurer receives the ad-
b. The community in which the property is ditnonai premium required to purchase the
located was not participating in the National li nuts oa coverage for each kind of coverage
Flood Insurance Program on the policy's incep- as was :nit:ia;,4, requester by t:ae Insured
tion date and did not qualify as a participat- within ;r13 days from the late the Insurer
ing community during the policy's term anti g.eves the insured :written notice of addi-
before the occurrence of any loss; ttonal premium -Lee, the policy shall be re-
c. If, during the term of the policy, the par- formed, .i'nmn `:s '.neepticr. date, or, in the
ticipation in. the National Flood insurance ...ease of an ar.;orrernent, :rout the effective
Program of the community in which the prop- date of the sm:or.+s:.^.aenrt, 'a-: provide flood in-
erty is located ceases, in which case the poi- surance .cove;-raze _:; ue amount of coverage
icy shall be deemed void effective at the end Initially -nenuesten
81
Pt. 61, App. AI2) 44 CFR Ch. I (10-1-98 Edition)
b. If the insufficient premium is discovered In connection with the renewal of this pol-
by the Insurer at the time of a loss under the icy, the Insured may be requested daring the
policy, the Insurer shall give a notice of pre- policy term to recertify, on a Recertification
mium due, and if the Insured remits and the Questionnaire the Insurer will provide, the
Insurer receives the additional premium re- rating information used to rate the most re-
quired to purchase (for the current policy cent application for or renewal of insurance.
term and the previous policy term, if then in- Notwithstanding the Insured's responsibil-
sured) the limits of coverage for each kind of Sty to submit the appropriate renewal pre-
coverage as was initially requested by the mium in sufficient time to permit its receipt
Insured within 3D days from the date the In- by the Insurer prior to the expiration of the
surer gives the Insured written notice of ad- policy being renewed, the Insurer has estab-
ditSonal premium due, the policy shall be re- lashed a business procedure for mailing re-
formed, from its inception date, or, in the newel notices to assist Insureds in meeting
case of an endorsement, from the effective their responsibility. Regarding the business
date of the endorsement, to provide flood in- procedure, evidence of the placing of any
surance coverage in the amount of coverage such notices into the U.S. Postal Service, ad-
initially requested. dressed to the Insured at the address appear-
s. Under subparagraphs a. and b. as to any ing on its most recent application or other
mortgagee or trustee named in the policy, appropriate form (received by the Insurer
the Insurer shall give a notice of additional prior to the mailing of the renewal notice),
premium due and the right of reformation does, in all respects, for purposes of the Na-
shall continue in force for the benefit only of tional Flood Insurance Program, presump-
the mortgagee or trustee, up to the amount tively establish delivery to the Insured for
of the Insured's indebtedness, for 30 days all purposes irrespective of whether the In-
after written notice to the mortgagee or cured actually received the notice.
trustee. However, in the event the Insurer deter-
F. Policy Renewal: The term of this policy mines that, through any circumstances, any
commences on Its Inception date and ends on renewal notice was not placed into the U.S.
its expiration date, as shown on the declara-
tions page which is attached to the policy. Postal Service, or, if placed, was prepared or
The Insurer is under no obligation to: addressed in a manner which the Insurer de-
1. Send the Insured any renewal notice or termines could preclude the likelihood of its
other notice that the policy term is coming being actually and timely received by the In-
to an end and the receipt of any such notice sured prior to the due date for the renewal
by the Insured shall not be deemed to be a premium, the following procedures shall be
waiver of this provision on the Insurer's followed:
part. In the event that the Insured or its agent
2. Assure that policy changes reflected in notified the Insurer, not later than 1 year
endorsements submitted during the policy after the date on which the payment of the
term are included in any renewal notice or renewal premium was due, of a nonreceipt of
new policy sent to the Insured. Policy changes a renewal notice prior to the due date for the
includes the addition of any increases in the renewal premium, which the Insurer deter-
amounts of coverage. mines was attributable to the above air-
This policy shall not be renewed and the cumstance, the Insurer shall mail a second
coverage provided by it shall not continue bill providing a revised due date, which shall
into any successive policy term unless the re- be 30 days after the date on which the bill is
newel premium payment is received by the mailed.
Insurer at the office of the National Flood In- If the renewal payment requested by rea-
surance Program within 30 days of the expire- son of the second bill is not received by the
tion date of this policy, subject to paragraph revised due date, no renewal shall occur and
E. above. If the :renewal premium payment is the policy shall remain as an expired policy as
mailed by certified mail to the Insurer prior of the expiration date prescribed on the policy.
to the expiration: date, it shall be deemed to G. Conditions Suspending or Restricting In-
have been received within the required 30 surance: Unless otherwise provided in writing
days. The coverage provided by the renewal added hereto, the Insurer shall not be liable
policy is in effect for any loss occurring dur- for loss occurring while the hazard is in-
ing this 30-day period even if the loss occurs creased by any means within the control or
before the renewal premium payment is re- knowledge of the Insured.
ceived, so long as the renewal premium pay- H. Liberalization clause: If during the period
mean is received within the required 30 days. that insurance is in force under this policy or
In all other cases, this policy shall terminate within 45 days prior to the inception date
as of the expiration date of the last policy thereof, should the Insurer have adopted
term for which the premium payment was under the Act, any forms, endorsements,
timely received and in that event, the In- rules or regulations by which this policy
surer shall not be obligated to provide the could be extended or broadened, without ad-
Insured with any cancellation, termination, ditional premium charge, by endorsement or
policy lapse, or policy renewal notice. substitution of form. then, such extended or
282
Federal Emergency Management Agency Pt. 61, App• A(2)
broadened insurance shall inure to the bene- L. Mortgage Clause: (Applicable to building
fit of the Insured as though such endorse- coverage only and effective only when the
ment or substitution of form had been made. policy is made payable to a mortgagee or
Any broadening or extension of this policy to trustee named in the application and.declara-
the Insured's benefit shall only apply to tions page attached to this policy or of whom
losses occurring on or after the effective date the Insurer has actual notice prior to the
of the adoption of any forms, endorsements, payment of loss proceeds under this policy.)
rules or regulations affecting this policy. Loss, if any, under this policy, shall be pay-
L Alterations.and Repairs: The Insured may, able to the aforesaid as mortgagee or trustee
at the Insured's own expense, make alter- as interest may appear under all present or
ations, additions and repairs, and complete future mortgages upon the property de-
structures in the course of construction. scribed in which the aforesaid may have an
J. Cancellation of Policy by Insured: The In- interest as mortgagee or trustee, ln order of
sured may cancel this policy at any time but precedence of said mortgages, and this insur-
a refund of premium money will only be ance, as to the interest of the mortgagee or
made when: trustee only therein, shall not be invali-
1. Except with respect to a condominium dated:
building or a building which has a condomin- 1. By any act or neglect of the mortgagor
ium form of ownership, the Insured cancels or owner of the described property;nor
because the Insured has transferred owner- By any foreclosure or other proceedings
ship of the insured property to someone else. >r notice of sale relating to the property; nor
In this case, the Insurer will refund to the 3. By any change in the title or ownership
Insured, once the Insurer receives the In- of the property;nor
4sured's written request for cancellation By the occupation of the premises for
(signed by the Insured) the excess of pre- purposes more hazardous than are permitted
miums paid by the Insured which apply to by this policy, provided, That in case the
the unused portion of the policy's term, pro mortgagor or owner shall neglect to pay any
rate but with retention of the eiprnse con- premium due under this policy, the mortga-
stant and the Federal policy fee, gee or trustee shall, on demand, pay the
2. The Insured cancels a policy having a same.
trust-
term of 3 years, on an anniversary date, and Provided,l also, Insurert the mortgagee n
owners notify the yofof any change of
the reason for the cancellation is that: ownership or occupancy of the building or in-
a. A policy of flood insurance has been ob- crease of hand which shall come to the
Lathed or is being obtained in substitution knowledge of said mortgagee or trustee and,
for this policy and the Insurer has received a unless permitted by this policy, It shall be
written concurrence In the cancellation from noted thereon and the mortgagee or trustee
any mortgagee of which the Insurer has ac- shall, on demand, pay the premium for such
tual notice, or increased hazard for the term of the use
b. The Insured has extinguished the In- thereof; otherwise, this policy shall be null
sured mortgage debt and is no longer re- and void.
quired by the mortgagee to maintain the if this policy is cancelled by the Insurer, it
coverage. Refund of any premium, under this shall continue in force for the benefit of the
subparagraph 2., shall be pro rata but with mortgagee or trustee for 30 days after writ-
retention of the expense constant and the ten notice to the mortgagee or trustee of
Federal policy fee. such cancellation and shall then cease.
3. The Insured cancels because the Insurer Whenever the Insurer shall pay the mort-
has determined that the property is not, in gagee or trustee any sum for loss under this
fact, in a special hazard area: and the Insured policy and shall claim that, as to the mortga-
was required to purchase flood insurance coy- gor or owner, no liability therefor existed,
erage by a private lender or Federal agency the Insurer shall, to the extent of such pay-
pursuant to Public Law 93-234, section 102 ment, be thereupon legally subrogated to all
and the lender or agency no longer requires the rights of the party to whom such pay-
the retention of the coverage. In this event, ment shall be made, under all securities held
if no claims have been paid or are pending, as collateral to the mortgage debt, or may,
the premium payments will be refunded in at Its option, pay to the mortgagee or trust-
full, according to applicable National Flood ee the whole principal due or to grow due on
insurance Program regulations. the mortgage with interest, and shall there-
K. Loss Clause: Payment of any loss under upon receive a full assignment and transfer
this policy shall not reduce the amount of in- of the mortgage and of all such other securi-
surance applicable to any other loss during ties, but no subrogation shall impair the
the policy term which arises out of a separate right of the mortgagee or trustee to recover
occurrence of the peril insured against here- the full amount of said mortgagee's or trust-
under; provided, that all loss arising out of a ee's claim.
continuous or protracted occurrence shall be NI. Mortgagee Obligations: If the Insured
deemed to constitute loss arising out of a fails to render proof of loss, the named mort-
single occurrence. gages or trustee, upon notice, shall render
283
Pt. 61, App. A(2) 44 CFR Ch. I (10-1-98 Edition)
proof of loss in the form herein specified even if the adjuster does not furnish the
within 60 days thereafter and shall be subject form or help the Insured complete it. In corn-
to the provisions of this policy relating to ap- pleting the proof of loss, the Insured must
praised and time of payment and of bringing use its own judgment concerning the amount
suit. of loss and the justification for the amount.
N. Loss Payable Clause (Applicable to con- The adjuster is not authorised to approve
tents items only): Loss, if any, shall be ad- or disapprove claims or to tell the Insured
justed with the Insured and shall be payable whether the claim will be approved by the
to the Insured and loss payee as their inter- Insurer
ests may appea'. 7. The Insurer may, at its option, waive the
O. Requirements in Case of Loss: Should a
f
flood loss occur to the insured property, the ae proof of for ins certain cases,and filing h
Insured must: event proof of less In which
1. Notify the Insurer in writing as soon as the Insured will be required to sign
practicable; and, at the Insurer's option, swear to an ad-
2. As soon as reasonably possible, separate juster's report of the loss which includes in-
the damaged and undamaged property, put- formation about the loss and the damages
ting it in the best possible order so that the needed by the Insurer in order to adjust the
Insurer may examine it;and claim.
3. Within 60 days after the loss, send the 8. Any false statements made in the course
Insurer a proof of loss, which is the Insured's of presenting a claim under this policy may
statement as to the amount it is claiming be punishable by fine or imprisonment under
under the policy signed and sworn to by the the applicable Federal laws.
Insured and furnishing the following infor- P. Options After a Loss: Options the Insurer
mation: may, in its sole discretion, exercise after loss
a.The date and time of the loss; include the following:
b. A brief explanation of how the loss hap- 1. Evidence of Loss: If the Insurer 3pecifi-
pened; cally requests it, in writing, the Insured may
c. The Insured's interest in the property be required to furnish a complete inventory
damaged (for example, "owner") and the in- of the destroyed, damaged and undamaged
terests, if any, of others in the damaged property, including details as to quantities,
property; costs, actual cash values, amount of loss
d. The actual cash value of each damaged claims, and any written plans and specifics-
item of insured property and the amount of tions for repair of the damaged property
damages sustained; which can reasonably be made available to
e. The names of mortgagees or anyone else the Insurer.
having a lien, charge or claim against the in- 2. Examination Under Oath and Access to the
sured property; Condominium Association's Articles of Associa-
f. Details as to any other contracts of in- tion or Incorporation, Property Insurance Poli-
surance covering the property, whether valid cies, and Other Condominium Documents: The
or not; Insurer may require the Insured to:
g. Details o1' any changes in ownership, a. Show the Insurer, or its designee, the
use, occupancy, location or possession of the damaged property;
insured property since the policy was issued;
h. Details as to who occupied any insured b. Be examined under oath by the Insurer:
building at the time of loss and for what pur- or its designee;
pose;and c. Sign any transcripts of such examine-
I. The amount the Insured claims is due tions; and
under this policy to cover the loss, including d. At such reasonable times and places as
statements concerning: the Insurer may designate, permit the In-
(1)The limits, of coverage stated in the poi- surer to examine and make extracts and cop-
icy; and ies of any condominium documents, including
(2) The cost to repair or replace the dam- the Articles of Association or Incorporation,
aged property (whichever costs less). Bylaws, rules and regulations, Declarations
4. Cooperate with the Insurer's adjuster or of the condominium, property insurance poli-
representative in the investigation of the des, and other condominium documents; and
claim; all books of accounts, bills, invoices and
5. Document the loss with all bills, re- vouchers, or certified copies thereof if the
ceipts, and related documents for the originals are lost, pertaining to the damaged
amount being claimed; property.
6. The insurance adjuster whom the Insurer 3. Options to Repair or Replace: The Insurer
hires to investigate the claim may furnish may take all or any part of the damaged
the Insured with a proof of loss form, and she property at the arced or appraised value
or he may hei;p the Insured to complete it. and, also, repair, rebuild or replace the prop-
However, this is a matter of courtesy only, erty destroyed or damaged with other of like
and the Insured must still send the Insurer a kind and quality within a reasonable time.
proof of loss within 60 days after the loss on giving the Insured notice of the Insurer's
284
Federal Emergency Management Agency Pt. 61, App. AC2)
intention to do so within 9D days after the re- this policy shall have been complied with,
ceipt of the proof of lose herein required and unless commenced within 12 months
under paragraph O.above. . next after the date of mailing of notice of
4. Adjushneni Options: The Insurer may ad- disallowance or partial disallowance of the
just loss to any insured property of others claim. An action on such claim against the
with the owners of such property or with the Insurer must be instituted, without regard to
Insured for their account. Any such inuur- the amount in controversy, in the United
ance under this policy shall not inure di- States District Court for the district in
neatly or indirectly to the benefit of any car- which the property shall have been situated.
rier or other bailee for hire. U. Subrogation: In the event of any pay-
Q. When Loss Payable:Lose is payable with- ment under this policy, the Insurer shall be
in 60 days after the Insured files its proof of subrogated to all the Insured's rights of re-
loss (or within 90 days after the insurance covert' therefor againsto ny party, and the
adjuster files an adjuster's report signed and Insurer may require from the Insured an as-
sworn to by the Insured in lieu of a proof of signment of all rights of recovery against
loss) and ascertainment of the loss is made any party for lose to the extent that pay-
either by agreement between the Insured and ment therefor is made by the Insurer. The
the Insurer in writing or by the filing with Insured shall do nothing after loss to preju-
the Insurer of an award as provided in pare- dice such rights; however, this insurance
graph S. below. shall not be invalidated should the Insured
If the Insurer rejects the Insured's proof of waive in writing prior to a loss any or all
loss in whole or in part, the Insured may ac- rights of recovery against any party for loss
cept such denial of its claim, or exercise Its occurring to the described property..
rights under this policy, or file an amended V. Continuous Lake Flooding: Where the
proof of loss as long as it is filed within 80 insured building has been inundated by rising
days of the date of the loss or any extension lake waters continuously for 90 days or more
of time allowed by the Administrator. and it appears reasonably certain that a con-
R. Abandonment: The Insured may not tinuation of this flooding will result in dam-
abandon damaged or undamaged insured age, reimbursable under this policy, to the
property to the Insurer. insured building equal to or greater than the
However, the Insurer may permit the In- building policy limits plus the deductible(s) or
erred to keep damaged, insured property the maximum payable under the policy for
("salvage") after a loss and reduce the any one building loss, the Insurer will pay
amount of the loss proceeds payable to the the Insured the lesser of these two amounts
Insured under the policy by the value of the without waiting for the further damage to
salvage. occur if the Insured signs a release agreeing
S. Appraisal:In case the Insured and the In- to:
surer shall fai:. to agree as to the actual cash 1. Make no further claim under this policy;
value of the amount of loss, then: and
1. On the written demand of either the In- 2. Not seek renewal of this policy; and
surer or the Insured, each shall select a corn- 3. Not apply for any flood insurance under
patent and disinterested appraiser and notify the Act for property at the property :location
the other of the appraiser selected within 20 of the insured building.
days of such demand. If the policy term ends before the insured
2. The appraisers shall first select a corn- building has been flooded continuously for 90
petent and disinterested umpire and failing, days, the provisions of this paragraph V. still
after 15 days, to agree upon such umpire, apply so long as the first building damage re-
then on the Insurer's request or the Insured's imbursable under this policy from the contin-
request, such umpire shall be selected by a uous flooding occurred before the end of the
judge of a court of record in the State in policy term.
which the insured property is located. W. Duplicate Policies Not Allowed: Property
3. The appraisers shall then appraise the may not be insured under more than one poI-
loss, stating separately actual cash value and icy issued under the Act. When the Insurer
loss to each item; and, failing to agree, shall finds that duplicate policies are in effect, the
submit their differences, only,to the umpire. Insurer shall by written notice give the In-
4. An award in writing, so itemized, of any cured the option of choosing which policy Is
two (appraisers or appraiser and umpire) to remain in effect, under the following pro-
when filed with the Insurer shall determine cedures:
the amount of actual cash value and loss. 1. If the Insured chooses to keep in effect
5. Each appraiser shall be paid by the party the policy with the earlier effective date, the
selecting him or her and the expenses of ap- Insurer shall by the same written notice give
praisal and umpire shall be paid by both par- the Insured an opportunity to add the coo-
ties equally. erase limits of the later policy to those of the
T. Action Against the insurer: No suit or ac- earlier policy, as of the effective date of the
tion on this policy for the recovery of any later policy.
claim shall be sustainable in any court of 2. If the Insured chooses to keep in effect
law or equity unless all the requirements of the policy with the later effective date, the
285
Hello