WIND LOSS
MITIGATION
hb7057-03-e2
Page 20 of 29
Section 4. It is the intent of the Legislature that
531 scientifically
valid and actuarially sound windstorm mitigation
532 rate factors,
premium discounts, and differentials be provided
533 to
residential and commercial property insurance policyholders.
534 In
order to ensure the validity of such factors, the Office of
535
Insurance Regulation, in consultation with the Department of
536
Community Affairs and the Florida Building Commission, shall
537
conduct or cause to be conducted one or more wind-loss
538
mitigation studies, subject to appropriation of funds by the
539
Legislature for this purpose. The studies shall evaluate the
540
windstorm loss relativities for construction features,
541
including, but not limited to, those that enhance roof strength,
542
roof-covering performance, roof-to-wall strength, wall-to-floor
543
to-foundation strength, opening protections, and window, door,
544 and
skylight strength. The
studies shall include residential
545 property, including single-family and multifamily homes,
mobile
546 homes,
and condominiums, and commercial nonresidential property.
547 The studies shall include, but need not be limited to, an
548 analysis
of loss data from the 2004 and 2005 hurricanes. The
549 findings of the
studies shall be reported to the Governor, the
550 President of the
Senate, the Speaker of the House of
551 Representatives,
the Chief Financial Officer, and the
552 Commissioner of
Insurance Regulation by January 1, 2008, for the
553 studies related to
residential property, and by March 1, 2008,
554 for the studies
related to commercial nonresidential property.
Section 5. Section 553.844, Florida Statutes, is created
556 to read:
557 553.844 Windstorm
loss mitigation; requirements for roofs
558 and opening
protection.--
559 (1) The
Legislature finds that:
560 (a) The effects of recent hurricanes on the state have
561
demonstrated the effectiveness of the
562
reducing property damage to buildings constructed in accordance
563 with
its requirements, and have also exposed a vulnerability of
564 some
construction undertaken prior to implementation of the
565
566 (b)
Hurricanes represent a continuing threat to the
567
health, safety, and welfare of the residents of this state due
568 to the
direct destructive effects of hurricanes as well as their
569
effects on windstorm insurance rates.
570 (c)
The mitigation of property damage constitutes a valid
571 and
recognized objective of the
572 (d)
Cost-effective techniques for integrating proven
573
methods of the
574 to its
implementation benefit all residents of the state as a
575 whole.
576 (2) The
577 (a) Analyze the
extent to which a proposed
578 Building Code
provision will mitigate property damage to
579 buildings and
their contents in evaluating that proposal. If the
580 nature of the
proposed
581 only to mitigation
of property damage and not to a life safety
582 concern, the
proposal shall be reviewed based on its measurable
583 benefits in
relation to the costs imposed.
584 (b) Develop and
adopt within the
585 means to
incorporate recognized mitigation techniques for site
586 built,
single-family residential structures constructed prior to
587 the implementation
of the
588 not limited to:
589
1. Prescriptive
techniques for the installation of gable
590 end bracing;
591
2. Secondary water
barriers for roofs and standards
592
relating to secondary water barriers. The criteria may include,
593 but need not be
limited to, roof shape, slope, and composition
594 of all elements of
the roof system;
595
3. Prescriptive
techniques for improvement of roof-to-wall
596
connections. The Legislature
recognizes that the cost of
597 retrofitting
existing buildings to meet the code requirements
598 for new
construction in this regard may exceed the practical
599 benefit to be
attained. The Legislature intends for the
600 commission
to provide for the integration of alternate, lower
601 cost means that
may be employed to retrofit existing buildings
602 that are not otherwise
required to comply with the requirements
603 of the
604 cost
of such improvements does not exceed approximately 15
605 percent of the
cost of reroofing;
606
4. Strengthening or
correcting roof-decking attachments
607 and fasteners
during reroofing; and
608
5. Adding or
strengthening opening protections.
609 (3) The
Legislature finds that the integration of these
610 specifically
identified mitigation measures is critical to
611 addressing the
serious problem facing the state from damage
612 caused by
windstorms and that delay in the adoption and
613 implementation
constitutes a threat to the health, safety, and
614
welfare of the state. Accordingly, the
615 Commission shall
develop and adopt these measures by October 1,
616 2007, by rule
separate from the
617 take immediate
effect and shall incorporate such requirements
618
into the next edition of the
619 shall require or
otherwise clarify that for site-built, single
620 family residential
structures:
621 (a) A roof
replacement must incorporate the techniques
622 specified in
subparagraphs (2)(b)2. and 4.
623 (b) For a building that is located in the wind-borne
624 debris region as
defined in s. 1609.2 of the International
625 Building Code
(2006) and that has an insured value of $300,000
626 or more or, if the
building is uninsured or for which
627 documentation of
insured value is not presented, has a just
628 valuation
for the structure for purposes of ad valorem taxation
629 of $300,000 or
more, a roof replacement must incorporate the
630 techniques
specified in subparagraph (2)(b)3.
631 (c) Any activity requiring a building permit that is
632 applied for on or
after July 1, 2008, and for which the
633 estimated cost is
$50,000 or more, must include provision of
634 opening
protections as required within the
635 for new
construction for a building that is located in the wind
636 borne debris region
as defined in s. 1609.2 of the International
637 Building Code
(2006) and that has an insured value of $750,000
638 or more, or, if
the building is uninsured or for which
639 documentation of
insured value is not presented, has a just
640 valuation
for the structure for purposes of ad valorem taxation
641
of $750,000 or more.
642 Section 6. Paragraph (a) of subsection
(6) of section
643 627.351, Florida Statutes, as amended by section 21 of chapter
644 2007-1, Laws of Florida, is amended to read:
645 627.351 Insurance risk apportionment plans.--
646 (6) CITIZENS PROPERTY INSURANCE
CORPORATION.--
647 (a)1. The Legislature finds that actual
and threatened
.
.
.
763 8. Effective January 1, 2009, a personal lines residential
764 structure that is located in the
"wind-borne debris region," as
765 defined in s. 1609.2, International Building Code (2006), and
766 that has an insured value on the structure of $750,000 or more
767 is not eligible for coverage by the corporation unless the
768 structure has opening protections as
required under the
769 Building Code for a newly constructed residential structure in
770 that area. A residential
structure shall be deemed to comply
771 with the requirements of this subparagraph if it has shutters or
772 opening protections on all openings and if such opening
773 protections complied with the
774 they were installed.
775 Section 7. From the funds appropriated to
the My Safe
776
777
778 million from the Insurance Regulatory Trust Fund to the Energy
779 Consumption Trust Fund within the
Department of Community
780 Affairs for the purpose of funding the Low-income Emergency Home
781 Repair Program under s. 420.36,
782 Notwithstanding s. 420.36(3)(b),
783 administrative expenses of the program may not exceed 5 percent
784 of the total funds appropriated by this
section.
785 Section 8. This act shall take effect
upon becoming a law.
Action required:
1)
Consult with Office of Insurance Regulation on “lost cost
relativities” study.
2)
Develop mitigation techniques for retrofit of existing
site-built residential buildings:
o
Prescriptive gable end bracing techniques
o
Secondary water barrier requirements and standards
o
Prescriptive roof-to-wall attachment techniques (not to
exceed 15% of reproofing cost)
o
Strengthening/correction roof deck attachment/fastening
o
Opening protection
3)
Adopt for site-built residential buildings by October 1,
2007:
o Mitigation techniques
o Requirement that roof replacement requires secondary water barrier
and roof deck attachment/fastening
o Requirement that within WBD region roof replacement for buildings
insured for $300K or more must also have roof-to-wall connections upgraded
o Requirement that any permitted activity valued at $50K or more for
buildings located within the WBD region and insured for $750K or more must also
provide for openings protection
4)
Adopt in 2007 FBC:
o
Requirements of 2) and 3).