[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR71.4]



[Page 368-370]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

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

                                SECURITY

 

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 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



[[Page 369]]



    (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 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 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



[[Page 370]]



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]