Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 27. CONSTRUCTION AND MAINTENANCE |
Chapter 1. BUILDING CODE |
Subchapter 4. BUILDING LIMITATIONS |
Article 10. GENERAL LIMITATIONS ON OCCUPANCY AND CONSTRUCTION WITHIN SPECIAL FLOOD HAZARD AREAS |
Section 27-317. Occupancy and construction restrictions
Latest version.
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(a) Within special flood hazard areas, as delineated in reference standard RS 4-4, no building in occupancy group classification J1, J2 or J3 shall be constructed or altered so as to have the lowest floor below the base flood elevation. (b) New construction or substantial improvements of non-residential buildings within special flood hazard areas, as delineated in reference standard RS 4-4, shall have the lowest floor elevated to or above the base flood elevation; or, together with attendant utilities and sanitary facilities, shall be floodproofed up to the level of the base flood elevation, in accordance with the requirement of reference standard RS 4-5. Provided, however, that new construction or substantial improvements of non-residential buildings within area designated as Zone V in reference standard RS 4-4 shall meet the requirements of subdivision (f) of this section. (c) Any encroachment in the floodway, as delineated in reference standard RS 4-4, including fill, new construction, substantial improvement, or any other development that would result in any increase in flood levels within the community during the occurrence of the base flood discharge, shall be prohibited. (d) Manufactured homes shall be anchored to resist flotation, collapse or lateral movement and shall be elevated on a permanent foundation to or above the base flood elevation or, when no base flood elevation has been determined, two feet above the highest adjacent grade. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. No park trailers or travel trailers shall be permitted within special flood hazard areas, as delineated in reference standard RS 4-4. (e) In the case of alterations constituting a substantial improvement to parts of non-residential and non-institutional buildings below the base flood elevation, all parts below the base flood elevation need comply with the applicable requirements of reference standard RS 4-5. (f) All new construction and substantial improvements of buildings within Zone V, as delineated in reference standard RS 4-4, shall be performed pursuant to the provisions of RS 4-5. Such construction and improvements shall have the lowest floor elevated on adequately anchored pilings or columns and securely anchored to such piles or columns to prevent flotation, collapse or lateral movement resulting from the simultaneous action of wind and water loads on all building components, and the lowest portion of the structural members of the lowest floor, other than the pilings or columns, shall be elevated to or above the base flood elevation. For purposes of this subdivision, wind and water loading values shall each have a one percent chance of being equalled or exceeded in any given year (one hundred year mean recurrence interval). In addition: (1) The installation of anchoring to anchored pilings or columns shall be subject to controlled inspection. (2) The space below the lowest floor shall be free of obstruction or, alternatively, such space shall be constructed with break-away walls of an open lattice type construction which is intended to collapse under stress from abnormally high tides or wind driven water without jeopardizing the structural support of the building. Such space shall not be used for human habitation. (3) The use of fill for structural support of buildings within Zone V shall not be permitted. (4) The man-made alteration of sand dunes within Zone V which would increase potential flood damage to buildings shall not be permitted. (5) All new construction within Zone V shall be located landward of the reach of mean high tide. (g) All new construction and substantial improvements of buildings within Zone A, as delineated in reference standard RS 4-4 shall be performed pursuant to the provisions of reference standard RS 4-5. Where such construction or improvement is not floodproofed, any fully enclosed space below the lowest floor that is subject to flooding, as defined in section 27-317.1 of this code, shall be designed to equalize hydrostatic flood forces on exterior walls automatically (without human intervention) by allowing for the entry and exit of floodwaters. Design for meeting this requirement shall be certified by a registered architect or licensed professional engineer or shall meet or exceed the following minimum criteria: (1) A minimum of two openings, having a total net area of not less than one square inch for every square foot of enclosed space subject to flooding, shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (h) When used within special flood hazard areas, as delineated in reference standard RS 4-4, breakaway walls shall have a design safe loading resistance of not less than ten and no more than twenty pounds per square foot. Use of a breakaway wall which exceeds a design safe loading resistance of twenty pounds per square foot shall be permitted only if a registered architect or licensed professional engineer certifies that the proposed design meets the following conditions: (1) Breakaway wall collapse will result from a water load less than that which would occur during the base flood; and (2) the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Maximum wind and water loading values used in this determination shall each have a one percent chance of being equalled or exceeded in any given year (one hundred year mean recurrence interval).