[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR63.17]



[Page 335-336]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 63_IMPLEMENTATION OF SECTION 1306(c) OF THE NATIONAL FLOOD INSURANCE 

ACT OF 1968--Table of Contents

 

Subpart B_State Certification of Structures Subject to Imminent Collapse

 

Sec. 63.17  Procedures and data requirements for imminent collapse 

certifications by States.



    Any State that has been determined to be eligible by the 

Administrator may certify that a coastal structure is subject to 

imminent collapse. Such certification requires that the State collect 

scientific or technical information relative to the structure and its 

site and provide such information to the insured to be filed with a 

claim for insurance benefits under Section 1306 of the National Flood 

Insurance Act of 1968, as amended. The information which is provided to 

the insured shall include, but is not limited to, the following:

    (a) Certification from the State agency that the structure is 

subject to imminent collapse. The certification shall cite the property 

address, legal description (e.g., lot, block), the date of application 

for certification, and the date of and basis for the certification, and

    (b) Supporting scientific and technical data to substantiate the 

certification consisting of the following:

    (1) Photographs of the structure in relation to the obvious peril. 

All photographs should be labeled with the location, direction, date and 

time from which they were taken. The collection of photographs should 

adequately display the following:

    (i) Any evidence of existing damage. The damage can include loss or 

erosion of soil near or around the foundation, or structural damage to 

the foundation components.

    (ii) Structure and waterbody. These photographs shall show both the 

structure and the waterbody that presents the peril. If the structure is 

on a high bluff or dune and not accessible from the water side, the top 

edge of the bluff or dune will be sufficient. These will usually be 

taken from one or both sides of the structure.

    (iii) Physical reference features used in the measurements discussed 

below. The reference feature shall be in or



[[Page 336]]



near the area affected by normal tides, when applicable. If a reference 

is not clearly distinguishable on the photograph, it should be annotated 

to identify the feature. If possible, all reference features described 

below should be photographed showing their relationship to the site of 

the threatened structure.

    (2) Identification and selection of reference features. The 

following reference features are presented according to priority. If the 

first feature is not present, the next feature shall be located and 

photographed, and so forth.

    (i) Top edge of bluff (cliff top).

    (ii) Top edge of escarpment on an eroding dune (i.e., a nearly 

vertical erosional cut at the seaward face of the dune). The normal high 

tide should be near the toe of the dune and there should be indications 

that the dune is actively eroding.

    (iii) The normal high tide limit may be indicated by one of the 

following:

    (A) Vegetation line (the seaward most edge of permanent vegetation).

    (B) Beach scarp (erosion line on beach, usually a sharp, nearly 

vertical drop of 0.5 to 3.0 feet at the upper limit of high tide).

    (C) Debris line deposited by the normal high tide, not by a recent 

storm.

    (D) Upper limit of wet sand.

    (3) Distance measurements from the threatened structure to the 

nearest points on the reference features. These measurements should be 

taken from all photographed reference features to the closest point on 

the supporting foundation. For purposes of making this measurement, 

decks, stairs, and other exterior attachments that do not contribute to 

the structural support of the building are not considered part of the 

structure. The measurements shall be taken horizontally with a tape and 

recorded to the nearest foot. The date and time of the measurement shall 

be noted. The location of the measurements (i.e., reference feature and 

closest structural member) shall be identified on the appropriate 

photograph or sketch of the site. If some or all of the reference 

features coincide, this shall also be noted and identified on the 

photographs. Reference features landward of the structure need not be 

measured, but shall be noted on the photographs.

    (4) A determination of the average annual erosion rate at the site 

and a copy of the pertinent section of the reference document used to 

obtain the annual erosion rate at the site.

    (5) Copy of the effective Flood Insurance Rate Map panel annotated 

with the location of the threatened structure.

    (6) In the event that a structure is not situated within a ``zone of 

imminent collapse'' using the criteria and procedures in paragraphs (b) 

(1) through (5) of this section, then the State may submit other 

scientific and technical data, in addition to the information described 

in paragraphs (b) (1) through (5) of this section, that would reveal 

unusual erosive or stability conditions at the site. Such data must 

include engineering analyses or reports performed on the structure or 

site which evaluates local rates of erosion, or the condition or 

stability of the structure's foundation including supporting soil.

    (c) In the case of structures planned to be relocated, a 

certification as to whether the proposed relocation site is outside the 

30-year setback for 1-4 family residential structures, or outside the 

60-year setback for all other structures, must also be submitted by the 

State.



[53 FR 36975, Sept. 23, 1988, as amended at 53 FR 44193, Nov. 2, 1988]