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Officials Study Flood Rules Enforcement

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By JULIA FERRANTE, The Tampa Tribune

Published: February 18, 2008

NEW PORT RICHEY - County officials are working to enforce federal flood regulations in an effort to keep property insurance rates down.

County commissioners have scheduled a workshop to explore the enforcement process and ensure they are doing what they can to bring violators into compliance. The meeting is scheduled for 1:30 p.m. Tuesday at the West Pasco Government Center board room, 7530 Little Road.

The county is reviewing about 80 cases to determine whether homeowners are in violation of the rules, which prohibit bedrooms, bathrooms and other "living space" on first floors of homes in flood-prone areas. The space may be used for storage or garages.

The board asked Pasco Development Director Cindy Jolly to explain the process of alerting homeowners that their homes may not meet Federal Emergency Management Agency rules. Ground floors must be built with vents or so-called "breakaway" walls that allow floodwater to flow through. The cases are enforced through the county's construction board.

Officials are finding that in some cases, insurance agents have checked off the wrong box after assessing a home and the property owners are not in violation.

"Sometimes the agent will have checked off 'vents aren't there,' but we look at the photos in the file, and the vents are there in the picture," Jolly said. "The person is paying a higher rate. So we sent it back, and they adjust the rate."

Other times, a homeowner may have a permit to build a storage area but during construction added a bathroom, which is not allowed, Jolly noted. In that case, officials contact the owner and tell them they may be in violation.

The county does not have the right to inspect the house without the owners' consent but code officers can write up citations for obvious violations visible from the street.

FEMA gives a discount on insurance rates countywide if the rules are enforced.

"The goal is to get them in compliance," Jolly said. "As long as we are enforcing and trying to reach for compliance, we're not jeopardizing our rates."

Dozens of coastal homeowners have been in limbo since 2003, when then-Commissioner Peter Altman tried to get FEMA to change the rules for first-floor living space. Altman argued at the time that many property owners bought homes unaware that their ground-floor guest rooms and recreation rooms were illegal.

Altman's efforts were put on hold a year later when he lost his bid for re-election. Officials recently resumed enforcement.

FEMA officials told Jolly last year that, after the strong storms of 2004 and Hurricane Katrina in 2005, they have no intention of changing the rules, which the federal agency sets and the county must enforce.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

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