Fillable SUBSTANTIAL DAMAGE / IMPROVEMENT WORKSHEET (City of Orange Beach)

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SUBSTANTIAL DAMAGE / IMPROVEMENT WORKSHEET (City of Orange Beach)

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City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

SUBSTANTIAL DAMAGE / IMPROVEMENT WORKSHEET

The City of Orange Beach codes make reference to the requirement that all new construction

and substantial improvements within the Special Flood Hazard Area to be elevated to meet

freeboard and/or the design flood elevation requirement. As defined by the City of Orange

Beach, substantial improvement is a cumulative amount. Any subsequent improvement project

valuation shall be added to the costs for the initial improvement project. At the end of a five

year period from the initial improvement project, an updated valuation for the structure can be

used for the next time period. This term includes structures which have incurred “repetitive loss”

or “substantial damage”’ regardless of the actual repair work performed. Substantial

improvement does not include the following:

a. Any project for improvement of a structure to correct existing violations of state or local

health, sanitary, or safety code specifications which have been identified by the local

code enforcement official and which are the minimum necessary to assure safe living

conditions, or

b. Any alteration of a “historic structure” provided that the alteration would not preclude the

structure's continued designation as a “historic structure”.

City regulations have established that if the cost of the improvement exceeds 50% of the value

of the structure before the improvement, then the improvement will be considered substantial

and the entire structure must be elevated to meet freeboard and/or the minimum-elevation

requirement. This requirement is consistent with minimum standards associated with the

National Flood Insurance Program (Chapter 44, U.S. Federal Code of Regulations).

Attached to this memorandum are worksheets that are required to be completed by the permit

applicant or applicant’s representative.

If you have any questions regarding this information, contact the Floodplain Administrator /

Building Official for the City of Orange Beach:

Landon K. Smith, CBO, CFM

lsmith@orangebeachal.gov

251/981-2610

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

NOTICE TO PROPERTY OWNERS

Rebuilding your Home after the storm? Adding on, renovating, or remodeling your home?

Here’s information YOU need to know about the 50% Rule.

If your home or business is below the Design Flood Elevation, the City of Orange Beach has flood

damage control prevention regulations that may affect how you remodel, renovate, or add-on to

your building. If your home or business sustained structural and/or interior damage, these

regulations may affect how you rebuild. These laws are required in order for the City to

participate with the National Flood Insurance Program, which assists in recovery from a future

flood event. These laws must be enforced in order for federally-backed flood insurance to be

made available to City of Orange Beach residents and property owners.

Save yourself time, aggravation, and money. Please read the following information:

SUBSTANTIAL DAMAGE: Means 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 percent of

the market value of the structure before the damage occurred. Substantial Damage also means

flood related damages sustained by structure on two separate occasions during a 10-year period

for which the cost of repairs at the time of each such flood event, on the average, equals or

exceeds 25 percent of the market value of the structure before the damages occurred. (NOTE:

The cost of the repairs must include all costs necessary to fully repair the structure to its before

damage condition).

SUBSTANTIAL IMPROVEMENT: Means any reconstruction, rehabilitation, addition, or other

improvement of a structure, taking place during a five year period, in which the cost of which

equals or exceeds 50 percent of the market value of the structure before the “start of

construction” of the improvement.

If a building is “substantially damaged” or “substantially improved”, it must be brought into

compliance with City of Orange Beach flood damage control regulations, including elevating the

building above the 100- year flood elevation.

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

The City of Orange Beach, following National Flood Insurance Program (FEMA) requirements, has

the responsibility to determine “substantial damage” and “substantial improvement” and has

implemented the following procedures to do so:

 The City of Orange Beach will estimate Market Value by using the tax assessment value of

your structure (excluding the land).

 If you disagree with this estimate of Market Value, you may hire a state licensed appraiser

and submit a comparable property appraisal.

 You must submit to the City of Orange Beach a detailed and complete cost estimate for the

addition, remodeling, reconstruction or repair of all the damages sustained by your home, which

has been prepared and signed by a licensed general contractor or design professional. The

contractor must sign an affidavit indicating that the cost estimate submitted includes all

damages or all improvements to your home. (See attached form.)

 The City of Orange Beach will evaluate the cost of improvements or repairs and determine if

they are fair and reasonable and in accordance with the cost of construction with the Building

Valuation Data published by the International Code Council. For damage repairs, pre-storm

prices and rates will be utilized. The cost of improvements or repairs does not include items not

considered a permanent part of the structure (i.e., plans, surveys, permits, sidewalks, pools,

screens, sheds, gazebos, fences, etc.). (See attached form.)

 If your home is determined to have “substantial damage” or is proposed to be “substantially

improved”, then an Elevation Certificate must be submitted to the City of Orange Beach to

determine the lowest floor elevation.

 If the lowest floor is below the design flood elevation, the building must be elevated to or

above that design flood elevation. Likewise, all electrical and mechanical equipment (heating

and cooling, etc.), bathrooms and laundry rooms must be elevated above the design flood

elevation. Only parking, building access, and limited, incidental storage is allowed below the

design flood level (velocity zones and regulatory floodways have further restrictions).

 If the lowest floor, electrical and mechanical equipment, laundry and bathrooms are already

above the design flood elevation, the building can be repaired and reconstructed without further

modifications.

 Building plans must be prepared to show how the building is to be elevated. If located in a

velocity zone or regulatory floodway, or if the building is to be floodproofed, additional

requirements and certifications exist. These plans must be prepared and certified by a registered

professional engineer or architect. (Certificates for this purpose are available from the

Community Development Department).

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

SUBSTANTIAL IMPROVEMENT/DAMAGE

ITEMS TO BE INCLUDED IN ESTIMATING COST:

All structural elements including but not limited to:

• Spread or continuous foundation footings and pilings

• Monolithic or other types of concrete slabs

• Bearing wall, tie beams and trusses

• Wood or reinforced concrete decking or roofing

• Floors and ceilings

• Attached decks and porches

• Interior partition walls

• Exterior wall finishes (e.g. brick, stucco, or siding) including painting and decorative

moldings

• Windows and doors

• Re-shingling or retiling of roof, and

• Hardware

All interior finish elements, including but not limited to:

• Tiling, linoleum, stone, wood or carpet over sub-flooring

• Bathroom tiling and fixtures

• Wall finishes, e.g. drywall, painting, stucco, plaster, paneling, marble, or other

decorative finishes

• Kitchen, utility and bathroom cabinets

• Built-in bookcases, cabinets, and furniture, and

• Hardware

All utility and service equipment, including but not limited to:

• HVAC equipment and duct work

• Repair or reconstruction of plumbing and electrical services

• Light fixtures and ceiling fans

• Security systems

• Built-in kitchen appliances

• Central vacuum systems, and

• Water filtration, conditioning or recirculation systems

Also:

• Labor and other costs associated with demolishing, removing or altering building

components

• Overhead and profit

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

SUBSTANTIAL IMPROVEMENT/DAMAGE

ITEMS TO BE EXCLUDED IN ESTIMATING COST:

• Plans and specifications

• Survey costs

• Permit fees

• Debris removal (e.g. removal of debris from building or lot, dumpster rental, transport fees to

landfill, and landfill tipping fees)

• Clean-up (e.g. dirt or mud removal and building dry out)

• Items not considered real property such as throw rugs (carpeting over finished floors),

furniture, refrigerators, and stoves not built-in, etc.

• Outside improvements, including:

• Landscaping

• Sidewalks

• Fences

• Yard lights

• Swimming pools

• Screened pool enclosures

• Sheds

• Gazebos

• Detached structures (including garages)

• Landscape irrigation systems

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

ITEMS REQUIRED TO DETERMINE

SUBSTANTIAL DAMAGE/IMPROVEMENT

Applicant must submit the following (make sure to have extra copies for your files):

1. Complete the attached application.

2. Detailed Cost of Improvement/Reconstruction. (Estimate and Affidavit, signed by a

general contractor or licensed design professional and a copy of the license).

3. Elevation Certificate or Elevation Survey.

4. Current photos, or photos before and after the storm (if available).

5. Floor plan drawing (if available).

6. Owner’s affidavit- signed and dated.

7. Contractor’s affidavit- signed and dated.

GUIDELINES TO COMPLETE THE ATTACHED

RECONSTRUCTION/IMPROVEMENT COST ESTIMATE

Reconstruction/Repair Ratio – Percentage of item that must be repaired or reconstructed.

(Example: The home has 2 windows; only 10 were damaged and are being replaced; the ratio

should equal 50%.)

ITEMS

COST

(LABOR & MATERIAL)

RECON/REPAIR

RATIO OF WORK

OFFICIAL

USE

Concrete, Form, etc. $4,500.00 40%

Carpentry Material $9,004.00 100%

Doors/Windows, Shutters $2,046.00 50%

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

ESTIMATED COST OF RECONSTRUCTION/IMPROVEMENT

PLAN REVIEW#: ____________________________________________________________________

ADDRESS: _________________________________________________________________________

This Cost Estimate of Reconstruction/Improvement must be prepared and signed by a

General Contractor or Home Builder licensed in the State of Alabama.

ITEMS

COST

CONSTRUCTION/REPAIR

RATIO OF WORK

OFFICIAL USE

LABOR

MATERIALS

Concrete, Form, etc.

Carpentry Material (rough)

Carpentry Labor (rough)

Roofing

Insulation & Weather Strip

Exterior Finish (stucco)

Doors, Windows & Shutters

Lumber Finish

Carpenter labor (finish)

Hardware (finish)

Hardware (rough)

Cabinets (built-in)

Floor covering (tile/rug)

Plumbing

Shower/Tub/Toilet

Electrical

Light Fixtures

Built-in Appliances

HVAC

Paint

Demolition and Removal

Overhead and Profit

TOTALS:

(Please attach any additional information.)

Contractor’s Name: __________________________________ GC or HBLB Lic #: _____________

Address: ___________________________________________ Phone #: ____________________

Signature: __________________________________________ Date: _______________________

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

OWNER

RECONSTRUCTION/IMPROVEMENT AFFIDAVIT

Contractor’s Name: ______________________________________ License #: _______________________

Owner Name: ___________________________________________________________________________

Address: _______________________________________________________________________________

Phone #: _______________________________________________________________________________

I hereby attest to the fact that the repairs/reconstruction and/or remodeling list submitted for the

Substantial Damage/Improvement Review by my contractor are ALL OF THE DAMAGES/IMPROVEMENTS

sustained by this structure and will be done to the existing building and that all additions, improvements,

or repairs on the subject building are included in this estimated construction herewith. No other

contractor has made any repairs or reconstruction or additions or remodeling not included in the

attached list.

I understand that I am subject to enforcement action and/or fines if inspection of the property reveals

that I have made repairs or improvements NOT INCLUDED ON THE ATTACHED LIST OF REAPIRS to MY

HOME or that I have included non-conforming or illegal structures/additions, to the existing structure

without having presented plans for such additions. I understand that any permit issued by The City of

Orange Beach pursuant to this affidavit does not authorize the reconstruction, repair or maintenance of

any illegal additions or non-conforming uses or structures on the subject property.

STATE OF _______________________________

COUNTY OF _____________________________

Before me this day personally appeared _____________________________________________________,

who, being duly sworn deposes and says that he/she has read, understands, and agrees to comply with

all the aforementioned conditions.

___________________________________________ ___________________________________________

Owner’s Signature Co-Owner

Sworn to and subscribed before me this ________ day of _____________________ A.D., Year ________.

___________________________________________

Notary Public Signature

My commission expires: ______________________

City of Orange Beach ▪ Community Development Department

P.O. Box 2432 ▪ 4101 Orange Beach Blvd. ▪ Orange Beach, AL 36561

Office 251.981.2610 ▪ www.orangebeachal.gov

2019/07

CONTRACTOR

RECONSTRUCTION/IMPROVEMENT AFFIDAVIT

Contractor’s Name: ______________________________________________________________________

Address: _______________________________________________ License #: _______________________

Property Address: _______________________________________ Phone #: ________________________

I hereby attest to the fact that I, or a member of my staff, personally inspected the above mentioned

property and produced the attached itemized list of repairs, reconstruction, and/or remodeling list that

are hereby submitted for a Substantial Damage/Improvement Review. These damages/improvements

are ALL OF THE DAMAGES/IMPROVEMENTS sustained by this structure, and that all additions,

improvements, or repairs proposed on the subject building are included in this estimate.

I understand that I am subject to enforcement and penalties for violation action and/or fines if the

inspection of the property reveals that I have made repairs or improvements NOT INCLUDED ON THE

ATTACHED LIST OF REAPIRS/IMPROVEMENT to THIS STURCTURE or any non-conforming or illegal

structures/addition, or repairs included to the existing structure without having presented plans for such

additions. I understand that any permit issued by The City of Orange Beach pursuant to this affidavit does

not authorize the reconstruction, repair or maintenance of any illegal additions, or non-conforming uses

or structures on the subject property.

See Attached Itemized List

Total Labor & Materials $

Overhead & Profit $

Total Cost $

STATE OF _______________________________

COUNTY OF _____________________________

Before me this day personally appeared _____________________________________________________,

who, being duly sworn deposes and says that he/she has read, understands, and agrees to comply with

all the aforementioned conditions.

___________________________________________ ___________________________________________

Contractor’s Signature Date

Sworn to and subscribed before me this ________ day of _____________________ A.D., Year ________.

___________________________________________

Notary Public Signature

My commission expires: ______________________

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