DOES FEMA'S 50% RULE COVER ONLY BUILDINGS IN A FLOOD ZONE ? OR, DOES
FEMA'S 50% RULE COVER ONLY FLOODED BUILDINGS IN A FLOOD ZONE ? OR,
DOES FEMA'S
50% RULE COVER ANY AND ALL EVENTS TO A BUILDING ? "SUCH AS FIRE" WHO
PASSED THIS LAW ? IF NOT U.S. CONGRESS, HOW DID THEY GET THE AUTHORITY ?
? WHERE CAN I LOOK THIS LAW UP? I WANT TO SEE IF THIS LAW IS BEING
MISINTERPRETED BUY SOMEONE. I HAVE A WIND DAMAGED 4 PLEX IN LOUISIANA
IN AN "X"
ZONE. NO FLOOD INSURANCE REQUIRED. FEMA'S WEB SITE SAYS THEY WANT TO
STOP BUILDINGS FROM FLOODING AS TO KEEP THEIR CLAIMS LOW. SO IT DON'T
MAKE SENSE TO
ME THAT THEY WOULD MAKE SOMEONE COMPLY TO A 50% RULE FOR FLOOD, IF THE
PROPERTY IS NOT IN A FLOOD ZONE, NEVER FLOODED AND NEVER HAD FLOOD
INSURANCE.
MY QUESTION IS WILL I BE SUBJECTED TO FEMA'S 50% RULE TO A 4 PLEX IN
AN "X" ZONE WITH ONLY WIND DAMAGE ? IS THERE A PROVISION TO WAIVE THE
50% RULE IF YOU WAIVE THE RIGHT TO PURCHASE FLOOD INSURANCE ? PLEASE
DO NOT USE FEMA'S WEB SITE. I WANT TO READ THE ACTUAL LAW AND IF FEMA
HAS THE AUTHORITY TO MAKE IT LAW. A FAVORABLE ANSWER WOULD SAVE A LOT
OF GRIEF TO DISASTER VICTIMS WHO ARE LIVING A LIFE OF GRIEF TRYING TO
REBUILD THEIR HOMES. THANKS R. MEADE |
Request for Question Clarification by
easterangel-ga
on
23 Apr 2006 15:50 PDT
Hi!
Do I understood correctly that you've been to the FEMA website? Can
you tell us what particuar pages you saw so we can verify if we didn't
find the same thing?
I think you are right here and have a case to ask for the 50% rule!
I cannot find the history of this law of when or if indeed congress
intiated this one. But I suggest at this point let us just concentrate
on the merits on this one so that you can have some basis for your
claim.
Regards,
Easterangel
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Request for Question Clarification by
easterangel-ga
on
23 Apr 2006 15:59 PDT
Also please take note that answers and comments here at Google Answers
are not substitutes for professional and informed legal advice.
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Clarification of Question by
21172119rm-ga
on
23 Apr 2006 18:25 PDT
yes, to have gone over fema's web site, their explanations are all
under their "national flood insurance program" which "should not"
concern me.
we have levies here to protect us. so if a building "that never
flooded" and is not in a flood plain, burns down, they want him to
comply with all the latest building codes under their 50% RULE.
I'LL GO ONE FURTHER, IF A BUILDING IS ON TOP OF A MOUNTAIN, AND THE
COUNTY HAS SOME LOW GROUND AND THE COUNTY SUBSCRIBES TO THE NATIONAL
FLOOD PROGRAM, AND THAT BUILDING BURNS OVER 50%, will he be forced to
bring it up to code. THIS WILL NOT PROTECT THE FLOOD PROGRAM A FUTURE
CLAIM. THANKS, R MEADE
P.S. REMEMBER I NEED PROOF, SO I CAN TELL THEM THEY ARE NOT READING
THE RULE CORRECTLY.
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Request for Question Clarification by
easterangel-ga
on
23 Apr 2006 18:47 PDT
Hi again!
I wonder if this will be helpful to you.
This FEMA page is said to have been moved but I cannot find it in
their website but it is still referenced in their pages but when you
click it, it is a broken link.
If we are to go by the adherence of the 50% rule, it doesn't necessary
to be a flood damage for your faciity to be considered. According to
4CFR § 206.226(d)(1), which is the basis of the 50% rule...
"A facility is considered repairable when disaster damages do not
exceed 50% of the cost of replacing a facility to its predisaster
condition, and it is feasible to repair the facility so that it can
perform the function for which it was being used as well as it did
immediately prior to the disaster."
I cannot see anything there that says it has to be of a flood. It
justs says a facility damaged after a disaster. Please read a Google
Cache of that FEMA page.
http://72.14.203.104/search?q=cache:g8Lng8y3XggJ:www.fema.gov/rrr/pa/9524_4b.shtm+fema+%2250+%25+rule%22&hl=en&ct=clnk&cd=1
This is the same thing referenced here in this working page at FEMA
but again the link to the rule isn't accessible.
http://www.fema.gov/government/grant/pa/9524_4a.shtm
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