Case Studies

FEMA 50% Rule

J.S. Held Acquires Technorm, Québec’s Leading Forensic, Building Safety & Compliance Experts

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The Situation

A residential property in Palm Beach County, Florida, built in the mid-1930s, suffered wind and water damage following a storm. The scope of the damage and the property location, thought to be in a Special Flood Hazard Area (SFHA), required expert analysis to determine the extent of damage and any additional regulatory requirements surrounding the potential flood hazard designation. The property’s insurance company engaged J.S. Held to assess.

How We Advised

The J.S. Held expert performed a Limited Building Code Assessment to determine the code compliance requirements related to the repair and restoration of the structure following the damage events. Specifically, the expert analyzed the damage relative to the FEMA National Flood Insurance Program (NFIP) Substantial Improvement and Substantial Damage Policy, often referred to as the FEMA 50% Rule.

As part of the property assessment, J.S. Held experts had to determine three key factors relative to the FEMA 50% Rule.

  1. Is the damaged residence located within a defined SFHA or flood zone?
  2. Is the finished floor below the required Base Flood Elevation (BFE)?
  3. Is the proposed dollar amount for the work in excess of 50% of the value of the building, excluding land?

All three factors were met in the case of the inspected property. J.S. Held experts reviewed NFIP Map Parcels, the 2023 Florida Residential Building Codes and associated elevation requirements, and county appraiser records to make the determination. As a result of all three factors being met, the FEMA 50% rule required the structure to be vertically elevated during repairs to meet the required elevation respective to that of the specific zone and location.

Key Contact

Mike Rimoldi, MPA, CBO, CFM, CBC
Senior Project Manager,
Forensic Architecture & Engineering
+1 813 676 1050
[email protected]

Related Practice Areas

> Code Upgrade & Compliance
J.S. Held’s team of licensed and certified code professionals assist clients on matters involving local, state, and national code upgrade/compliance requirements. We determine or establish compliance by researching, collecting, and assessing information on existing configurations, proposed configurations, or work performed.

> Forensic Engineering
J.S. Held’s forensic engineering experts include civil, structural, mechanical, electrical, geotechnical, and biomechanical engineers. Our forensic engineering analyses address what happened, why it happened, when the incident occurred, extent of damage, repairability, and applicable code upgrade/compliance requirements.

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