[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR71.4]

[Page 366-368]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 71--IMPLEMENTATION OF COASTAL BARRIER LEGISLATION--Table of Contents
 
Sec. 71.4  Documentation.

    (a) In order to obtain a new policy of flood insurance for a 
structure which is located in an area identified as being in the CBRS as 
of November 16, 1990, or in order to obtain a new policy of flood 
insurance after November 16, 1991, for a structure located in an 
``otherwise protected area,'' the owner of the structure must submit the 
documentation described in this section in order to show that such 
structure is eligible to receive flood insurance. However, if the new 
policy of flood insurance is being obtained from an insurer (Write Your 
Own or the Federal Government as direct insurer) that has previously 
obtained the documentation described in this section, the property owner 
need only submit a signed written certification that the structure has 
not been substantially improved since the date of the previous 
documentation.
    (b) The documentation must be submitted along with the application 
for the flood insurance policy.
    (c) For a structure located in an area identified as being in the 
CBRS both as of October 18, 1982, and as of November 16, 1990, where the 
start of construction of the structure took place prior to October 18, 
1982, the documentation shall consist of:
    (1) A legally valid building permit or its equivalent for the 
construction of the structure dated prior to October 18, 1982;
    (i) If the community did not have a building permit system at the 
time the structure was built, a written statement to this effect signed 
by the responsible community official will be accepted in lieu of the 
building permit;
    (ii) If the building permit was lost or destroyed, a written 
statement to this effect signed by the responsible community official 
will be accepted in lieu of the building permit. This statment must also 
include a certification that the official has inspected the structure 
and found no evidence that the structure was not in compliance with the 
building code at the time it was built; and
    (2) A written statement signed by the community official responsible 
for building permits, attesting to the fact that he or she knows of his/
her own knowledge or from official community records, that:
    (i) The start of construction took place prior to October 18, 1982; 
and
    (ii) The structure has not been substantially improved since 
September 30, 1983.
    (d) For a structure located in an area identified as being in the 
CBRS both as of October 18, 1982, and as of November 16, 1990, where the 
start of construction of the structure took place on or after October 
18, 1982, but the structure was completed (walls and roof permanently in 
place) prior to October 1, 1983, the documentation shall consist of:
    (1) A legally valid building permit or its equivalent for the 
construction of the structure dated prior to October 1, 1983;
    (i) If the community did not have a building permit system at the 
time the

[[Page 367]]

structure was built, a written statement to this effect signed by the 
responsible community official will be accepted in lieu of the building 
permit;
    (ii) If the building permit was lost or destroyed, a written 
statement to this effect signed by the responsible community official 
will be accepted in lieu of the building permit. This statement must 
also include a certification that the official has inspected the 
structure and found no evidence that the structure was not in compliance 
with the building code at the time it was built; and
    (2) A written statement signed by the community official responsible 
for building permits, attesting to the fact that he or she knows of his/
her own knowledge or from official community records, that:
    (i) The structure constituted an insurable building, having walls 
and a roof permanently in place no later than October 1, 1983; and
    (ii) The structure has not been substantially improved since 
September 30, 1983; and
    (3) A community issued final certificate of occupancy or other use 
permit or equivalent proof certifying the the building was completed 
(walled and roofed) by October 1, 1983.
    (e) For a structure located in an area newly identified as being in 
the CBRS as of November 16, 1990, where the start of construction of the 
structure took place prior to November 16, 1990, the documentation shall 
consist of:
    (1) A legally valid building permit or its equivalent for the 
construction of the structure, dated prior to November 16, 1990.
    (i) If the community did not have a building permit system at the 
time the structure was built, a written statement to this effect signed 
by the responsible community official will be accepted in lieu of the 
building permit;
    (ii) If the building permit was lost or destroyed, a written 
statement to this effect signed by the responsible community official 
will be accepted in lieu of the building permit. This statement must 
also include a certification that the official has inspected the 
structure and found no evidence that the structure was not in compliance 
with the building code at the time it was built; and
    (2) A written statement signed by the community official responsible 
for building permits, attesting to the fact that he or she knows of his 
or her own knowledge or from official community records, that:
    (i) The start of construction took place prior to November 16, 1990; 
and
    (ii) The structure has not been substantially improved since 
November 15, 1990.
    (f) For a structure located in an area identified as an ``otherwise 
protected area'' where the start of construction of the structure took 
place prior to November 16, 1990, the documentation shall consist of:
    (1) A legally valid building permit or its equivalent for the 
construction of the structure, dated prior to November 16, 1990.
    (i) If the community did not have a building permit system at the 
time the structure was built, a written statement to this effect signed 
by the responsible community official will be accepted in lieu of the 
building permit;
    (ii) If the building permit was lost or destroyed, a written 
statement to this effect signed by the responsible community official 
will be accepted in lieu of the building permit. This statement must 
also include a certification that the official has inspected the 
structure and found no evidence that the structure was not in compliance 
with the building code at the time it was built; and
    (2) A written statement signed by the community official responsible 
for building permits, attesting to the fact that he or she knows of his 
or her own knowledge or from official community records, that:
    (i) The start of construction took place prior to November 16, 1990; 
and
    (ii) The structure has not been substantially improved since 
November 16, 1991.
    (g) For a structure located in an area identified as an ``otherwise 
protected area'' where the start of construction of the structure took 
place after November 15, 1990, but construction was completed with the 
walls and a roof

[[Page 368]]

permanently in place no later than November 16, 1991, the documentation 
shall consist of:
    (1) A legally valid building permit or its equivalent for the 
construction of the structure, dated prior to November 16, 1991.
    (i) If the community did not have a building permit system at the 
time the structure was built, a written statement to this effect signed 
by the responsible community official will be accepted in lieu of the 
building permit;
    (ii) If the building permit was lost or destroyed, a written 
statement to this effect signed by the responsible community official 
will be accepted in lieu of the building permit. This statement must 
also include a certification that the official has inspected the 
structure and found no evidence that the structure was not in compliance 
with the building code at the time it was built; and
    (2) A statement signed by the community official responsible for 
building permits, attesting to the fact that he or she knows of his or 
her own knowledge or from official community records that:
    (i) The structure constituted an insurable building, having walls 
and a roof permanently in place, no later than November 16, 1991; and
    (ii) The structure has not been substantially improved since 
November 16, 1991; and
    (3) A community issued final certificate of occupancy or other use 
permit or equivalent proof certifying that the building was completed 
(walled and roofed) by November 16, 1991.
    (h) For a structure located in an area identified as an ``otherwise 
protected area'' for which the documentation requirements of neither 
paragraph (f) nor paragraph (g) of this section have been met, the 
documentation shall consist of a written statement from the governmental 
body or qualified organization overseeing the ``otherwise protected 
area'' certifying that the building is used in a manner consistent with 
the purpose for which the area is protected.

(Approved by the Office of Management and Budget under control number 
3067-0120)

[48 FR 37039, Aug. 16, 1983, as amended at 57 FR 22662, May 29, 1992]