City: Hurricane emergency repair permitting
The city of Sanibel reported that due to the damage associated with Hurricanes Ian, Helene and Milton, it is temporarily altering routine construction permitting and inspections for repairs to damaged structures.
SUBSTANTIAL DAMAGE ASSESSMENT
In compliance with the National Flood Insurance Program (NFIP) requirements, the city has the responsibility to determine “substantial damage” and “substantial improvement” and it has implemented the following procedures to do so:
City-lead damage assessment was completed, consisting of a visual assessment of damages to a structure. The actual extent of damage determination could change based on scope of work and estimate of repairs submitted for permit review. Contact the Sanibel Building Department at 239-472-4555 to request a new assessment if there are questions regarding an assessment determination.
– Substantial damage is defined as damage of any origin sustained by a structure whereby the cost of restoring the structure to its “before damage” condition would equal or exceed 50% of the market value of the structure. (The cost of the repairs must include all costs necessary to fully repair the structure to its “before damage” condition).
– Substantial improvement is defined as any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure (before any improvements are performed).
– Historic structures may be exempt from these requirements if compliance would threaten the structure’s continued eligibility for historic designation.
Substantial damage determination is required by the NFIP to protect lives and investment from future flood damages. Sanibel must enforce these requirements for federally backed flood insurance to be made available to city residents and property owners. Visit https://www.fema.gov/flood-insurance.
FEMA 50% RULE
The 50% rule for repairs is in effect and will be enforced during permit review for structures located in a flood hazard area.
– Basic rule: If the cost of improvements or the cost to repair the damage exceeds 50% of the market value of the building, it must be brought up to current floodplain management standards.
– Market value of the building: Market value is determined by one of the following:
— Building value as listed on the Lee County Property Appraiser Tax Role Value Letter downloaded from the appraiser’s web site.
— State of Florida licensed property appraiser appraisal using the Depreciated Replacement Cost (Actual Cash Value) of the structure.
EMERGENCY PERMITTING
Disaster Recovery procedures provide permitting, review, and inspection services for damaged structures, ensuring those with hurricane damage are given priority. The following permitting rules and procedures will be in effect for storm damaged structures repair:
Work not requiring a permit:
– Tarping and other temporary roof coverings
– Removal of debris and damaged finish surfaces from on or inside a structure
– Minor demolition to prevent injury or prevent further damage to building
– Removal only of damaged drywall, and wood trim
– Finishes: painting, wallpaper, flooring if no drywall has been damaged and removed otherwise a permit is required.
– Temporary structural shoring and bracing
– Replacement of broken glass within existing framing for windows and doors
– Repair/replacement of roof gutters
– Roof covering repairs that do not exceed 500 square feet
– HVAC repairs and minor plumbing repairs and fixture replacement (same locations)
– Permits are not required for replacement of existing lighting fixtures or devices. Any above ground “Wiring Methods and Materials” as listed in the 2017 NEC Chapter 3 Shall require a permit.
– Minor non-structural repairs made to the exterior of structures
– Repair of minor water leaks that do not involve structural, mechanical, or electrical systems
Permitting damaged structures that have been assessed by USAR inspectors. In some cases, the USAR inspectors may have classified a structure as “major damage or destroyed,” following the permitting requirements listed below may demonstrate that the property repairs are below 50% of the structure’s market value and therefore can be repaired. The structures assessment is posted on the Lee County Damage Assessment web page.
– Permits for repairs to single family, multi-family and commercial structures shall be performed using emergency permit forms. Permits shall be submitted online via the online portal.
– Permit submission must include a floor plan for like for like repairs. Detailed construction drawings prepared and sealed by an approved architect or engineer are required for structural repairs as required by code. Product approvals are required for replacement window/doors/roofing installations. The 50% rule will apply if located in a flood hazard area.
– Emergency permit application forms can be found on the Sanibel Building Department web page.
– Permit review will be expedited much as possible. Permit submission items include scope of work, market value documentation, and itemized list from the contractor or owner/builder stating the items to be repaired with an accurate cost estimate of the repairs using the Sanibel FEMA form. Review for compliance with the FEMA 50% rule and determination of substantial damage/substantial improvement per FEMA guidelines will be performed during the permit review process.
– It is the responsibility of the owner/builder or contractor to schedule the required inspections from Sanibel via the online portal (if available), or use an architect, private provider or engineer to perform the inspections and provide inspection reports.
– Electrical repairs for replacement of any service feeders, meter cans, switchgear or panels shall be included in the permit submitted, including any electrical work performed to allow LCEC to re-energize the structure. All electrical work must be assessed and completed by a licensed electrical contractor.
EXISTING ISSUED PERMITS
Issued permits on undamaged structures and new construction shall be unaffected and remain issued. It will be the responsibility of the owner/builder or contractor to schedule the required inspections from Sanibel via the online portal (if available), or use an architect, private provider or engineer to perform the inspections and provide inspection reports.
Issued permits on damaged structures shall require a revision to the existing permits to repair damages and be reviewed for compliance with the FEMA 50% rule if the structure is in a Flood Hazard Area.
Expired permits/permits due to expire: Permit extensions and re-issues will be performed using normal procedures.
DEMOLITION PERMIT INFORMATION
Emergency demolition permits shall be available on the Sanibel Building Department web page. Permits shall be submitted online via the online portal.
REBUILDING INFORMATION
Single family homeowners may perform their own repairs per state statute 489.103. Please submit the owner/builder form with the permit application. The form can be found on the Sanibel Building Department web page.
Anyone hired to perform repairs must be a properly licensed. Visit the Florida Department of Business & Professional Regulation at www.myfloridalicense.com to check the contractor data base to verify they have an active license.
Obtaining a permit for permanent repairs will help prevent post-storm scams and price-gouging. Sanibel permitting process can help ensure that contractors are licensed and performing repairs in compliance with code.
To access the city’s hurricane emergency permit forms, visit https://sanibelfl-energovweb.tylerhost.net/apps/SelfService#/applicationAssistant?sectionName=All&showTemplates=false and type “Emergency Hurricane” in the search bar.
For permitting questions, call 239-472-4555.