G102.1 General.

This appendix, in conjunction with the New York City Construction Codes, provides minimum requirements for development located, in whole or in part, in special flood hazard areas and shaded X-Zones within the jurisdiction of New York City, including:

   1.   Subdivisions. This appendix shall apply to the subdivision of land;

   2.   Utilities. This appendix shall apply to the installation of utilities;

   3.   Group U buildings and structures. This appendix shall apply to placement and replacement of Group U buildings as defined in Section 312;

   4.   Site improvements. This appendix shall apply to site improvements, including but not limited to, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations and other land disturbing activities;

   5.   Prefabricated buildings and manufactured homes. This appendix shall apply to placement and replacement of prefabricated buildings and manufactured homes;

   6.   Post-FIRM construction. This appendix shall apply to post-FIRM construction.;

   7.   Alterations to Post-FIRM construction. This appendix shall apply to repair, alteration, reconstruction, rehabilitation or additions to post-FIRM construction;

   8.   Substantial improvement of Pre-FIRM construction. This appendix shall apply to substantial improvement of pre-FIRM buildings and structures, including restoration after damage, as if hereafter erected;

   9.   Horizontal enlargements of pre-FIRM construction. This appendix shall apply to horizontal enlargements of pre-FIRM buildings and structures to the extent of such horizontal enlargement, including but not limited to additions (whether above or below grade), decks, carports, or similar appendages. The existing portions of the structure shall not be required to comply, unless otherwise required because the alteration is deemed a substantial improvement; and

   10.   Other alterations to pre-FIRM construction. This appendix shall apply to repair, alteration, reconstruction, rehabilitation, or additions to pre-FIRM buildings and structures. No increase in the degree of noncompliance with this appendix shall be permitted. The requirements of this Item 10 shall be deemed satisfied if the work would not increase the degree of noncompliance with this appendix.

      10.1.   Work that increases the degree of noncompliance. Work to pre-FIRM construction deemed as an increase in the degree of noncompliance includes, but is not limited to:

         10.1.1.   The conversion of any space below the design flood elevation from nonhabitable space into habitable space;

         10.1.2.   The creation of a direct communication between a dwelling unit and a space below the design flood elevation;

         10.1.3.   Where a dwelling unit already has space below the design flood elevation or has space with which the dwelling unit directly communicates that is below the design flood elevation, an increase in such space;

         10.1.4.   The conversion of any space below the design flood elevation in a non-residential building (for flood zone purposes) to accessory (as such term is defined in NYC ZR) to a group R-1, R-2, or R-3 occupancy, when such space was not previously accessory to such occupancy;

         10.1.5.   The installation of new components, materials, finishes, plumbing fixtures and equipment below the design flood elevation that are not permitted by this appendix to be located below the design flood elevation, where such similar items did not previously exist, except for new components, materials, finishes, and equipment as permitted by Item 10.2.2;

         10.1.6.   The lowering of the elevation of a floor of a basement (for floodzone purposes), or a portion thereof located below the design flood elevation, except as permitted by Item 10.2.4;

         10.1.7.   An alteration consisting of a change in use, occupancy or how such space is used in a building, or portion thereof, that results in a more restrictive flood design class per ASCE 24; and

         10.1.8.   Any condition not addressed in Items 10.1.1 through 10.1.7 as determined by the commissioner.

      10.2.   Work that does not increase the degree of noncompliance. The following work to pre-FIRM construction, other than substantial improvements, shall not be deemed as an increase in the degree of noncompliance:

         10.2.1.   Plumbing fixtures:

            10.2.1.1.   The in-kind replacement of plumbing fixtures below the design flood elevation; and

            10.2.1.2.   The installation of new plumbing fixtures in a space within the structure where similar plumbing fixtures already exist, provided that the number of plumbing fixtures is not increased and provided any required backflow prevention and/or sewage ejection is provided in accordance with this appendix.

         10.2.2.   Components, materials, finishes, equipment, fire protection systems and equipment, and appliances, other than plumbing fixtures:

            10.2.2.1.   The in-kind replacement of components, materials, finishes, equipment, fire protection systems and equipment, and appliances;

            10.2.2.2.   The installation of new components, materials, finishes, equipment, fire protection systems and equipment, and appliances, in a space within the structure where similar pre-FIRM items already exist; and

            10.2.2.3.   Within existing nonresidential portions of a nonresidential (for flood zone purposes) building, the installation of new components, materials, finishes, equipment, fire protection systems and equipment, and appliances which serve only the space(s) being altered below the design flood elevation, provided such items, as well as any associated electrical wiring, are designed and/or isolated so as not to affect the operation of building components, systems and wiring of other parts of the building if submerged. This item shall not include increases to the number of plumbing fixtures or the installation of building systems which support other areas of the building.

         10.2.3.   Change in use, occupancy or how such space is used. Alteration consisting of a change in use, occupancy or how such space is used in a nonresidential building (for flood zone purposes), or portion thereof, that does not result in a more restrictive flood design class per ASCE 24, is not a conversion from nonhabitable space into habitable space, and is not otherwise required by Item 10.1.4 to comply with this appendix. Such alteration shall also comply with the provisions of Item 10.2.2; and

         10.2.4.   Pits. The lowering of the elevation of a floor or a portion thereof located below the design flood elevation for pits to accommodate sump pumps, house traps, valve access, cleanouts, ejector pumps and elevators.

   11.   Retroactive requirements. This appendix shall apply to retroactive requirements as provided for in Section G312.

G102.2 Establishment of areas of special flood hazard.

The following flood hazard map and supporting data are adopted as referenced standards and declared to be a part of this appendix:

   1.   FEMA FIS 360497.

   2.   FEMA FIRMs 360497.

G102.2.1 Preliminary flood insurance study and rate maps.

Until such time that the department by rule adopts revised FEMA FIS 360497 and FEMA FIRMs 360497 with a final effective date later than May 1, 2014, the following flood hazard maps and supporting data are also adopted as a referenced standard and declared a part of this appendix.

   1.   FEMA PFIS 360497.

   2.   FEMA PFIRMs 360497.

G102.2.2 Effect of preliminary flood insurance study and rate maps.

Notwithstanding any other provision in this appendix to the contrary:

   1.   All references in this appendix to elevations in FEMA FIS 360497 and FEMA FIRMs 360497 shall be deemed to refer to the greater of (i) the elevations identified in the FEMA FIS 360497/FEMA FIRMs 360497 or (ii) the elevations identified in the FEMA PFIS 360497/FEMA PFIRMs 360497. In comparing elevations, the elevations identified in FEMA FIS 360497 and FEMA FIRMs 360497 that are expressed in relation to the National Geodetic Vertical Datum (NGVD) shall be converted to the North American Vertical Datum (NAVD).

   2.   All references in this appendix to flood hazard areas as delineated on FEMA FIRMs 360497 shall be deemed to refer to the flood hazard areas as delineated on FEMA PFIRMs 360497 except that, where a structure is located in a flood hazard area as delineated on FEMA PFIRMs 360497 and in a more restrictive flood hazard area as delineated on FEMA FIRMs 360497, such structure shall be deemed to be located in the more restrictive flood hazard area as delineated on FEMA FIRMs 360497.

G102.3 Letters of map change.

Map changes to FEMA FIRMs 360497 shall be administered in compliance with Sections G102.3.1 through G102.3.3.

G102.3.1 Letters of map amendment (LOMA).

Where FEMA FIRMs 360497 indicates that a structure or tax lot is within a delineated special flood hazard area, but the pre-FIRM ground elevations adjacent to the structure or throughout the tax lot are at or above the base flood elevation, the commissioner shall deem such structure or tax lot as being within the special flood hazard area and shall not approve plans except in compliance with this appendix, unless a letter of map amendment (LOMA) is issued by FEMA removing such structure or tax lot from the special flood hazard area.

G102.3.1.1 Letters of map amendment (LOMAs) during pendency of PFIRMs.

Until such time that the department by rule adopts revised FEMA FIS 360497 and FEMA FIRMs 360497 with a final effective date later than April 18, 2018, the commissioner shall not deem issuance of a LOMA by FEMA as removing such structure or tax lot from the special flood hazard area unless the elevations specified in the LOMA equal or exceed the applicable corresponding elevations on the FEMA PFIS 360497/FEMA PFIRMs 360497.