New York City Council Header
File #: Int 2198-2021    Version: Name: Additional freeboard for structures in the floodplain.
Type: Introduction Status: Enacted
Committee: Committee on Resiliency and Waterfronts
On agenda: 1/6/2021
Enactment date: 4/18/2021 Law number: 2021/043
Title: A Local Law to amend the New York city building code, in relation to additional freeboard for structures in the floodplain
Sponsors: Steven Matteo, Helen K. Rosenthal, Deborah L. Rose, Carlina Rivera , James F. Gennaro
Council Member Sponsors: 5
Summary: This bill would require that most structures located in the floodplain be elevated an additional one-to-two feet, or by the 500-year flood elevation, depending on the type of structure, to provide additional floodproofing of those structures.
Attachments: 1. Summary of Int. No. 2198-A, 2. Summary of Int. No. 2198, 3. Int. No. 2198, 4. January 6, 2021 - Charter Meeting Agenda with Links to Files, 5. Hearing Transcript - Charter Meeting 1-6-21, 6. Minutes of the Charter Meeting - January 6, 2021, 7. Committee Report 1/25/21, 8. Hearing Testimony 1/25/21, 9. Hearing Testimony 1/25/21 (Con't), 10. Hearing Transcript 1/25/21, 11. Proposed Int. No. 2198-A - 3/11/21, 12. Committee Report 3/18/21, 13. Hearing Transcript 3/18/21, 14. Committee Report - Stated Meeting, 15. March 18, 2021 - Stated Meeting Agenda with Links to Files, 16. Int. No. 2198-A (FINAL), 17. Fiscal Impact Statement, 18. Legislative Documents - Letter to the Mayor, 19. Hearing Transcript - Stated Meeting 3-18-21
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
4/19/2021ASteven Matteo City Council Returned Unsigned by Mayor  Action details Meeting details Not available
4/18/2021ASteven Matteo Administration City Charter Rule Adopted  Action details Meeting details Not available
4/7/2021ASteven Matteo Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
4/7/2021ASteven Matteo Mayor Hearing Scheduled by Mayor Cancelled  Action details Meeting details Not available
3/18/2021ASteven Matteo City Council Sent to Mayor by Council  Action details Meeting details Not available
3/18/2021ASteven Matteo City Council Approved by CouncilPass Action details Meeting details Not available
3/18/2021*Steven Matteo Committee on Resiliency and Waterfronts Hearing Held by Committee  Action details Meeting details Not available
3/18/2021*Steven Matteo Committee on Resiliency and Waterfronts Amendment Proposed by Comm  Action details Meeting details Not available
3/18/2021*Steven Matteo Committee on Resiliency and Waterfronts Amended by Committee  Action details Meeting details Not available
3/18/2021ASteven Matteo Committee on Resiliency and Waterfronts Approved by CommitteePass Action details Meeting details Not available
1/25/2021*Steven Matteo Committee on Resiliency and Waterfronts Hearing Held by Committee  Action details Meeting details Not available
1/25/2021*Steven Matteo Committee on Resiliency and Waterfronts Laid Over by Committee  Action details Meeting details Not available
1/6/2021*Steven Matteo City Council Introduced by Council  Action details Meeting details Not available
1/6/2021*Steven Matteo City Council Referred to Comm by Council  Action details Meeting details Not available

Int. No. 2198-A

 

By Council Members Matteo, Rosenthal, Rose, Rivera and Gennaro

 

A Local Law to amend the New York city building code, in relation to additional freeboard for structures in the floodplain

 

Be it enacted by the Council as follows:

 

Section 1. The New York city amendments to section 2.3 of ASCE 24-05 as set forth in section G501.1 of chapter G5 of appendix G of the New York city building code, as amended by local law number 141 for the year 2013, is amended to read as follows:

Section 2.3. Table 2-1 of Section 2.3 (Elevation Requirements) is amended to read as follows:

TABLE 2-1
MINIMUM elevation of the top of lowest floor

Relative to design flood elevation (DFE)-A-Zonesa

Structural Occupancy Categoryb

Minimum Elevation of Lowest Floor

I

DFE = BFE + 2 ft

[II (1-and 2- family dwellings)]

[DFE = BFE + 2 ft]

IIc, d [(all others)]

DFE = BFE + [1]- 2 ft

IIIc, d

DFE = BFE + [1] 2 ft

IVc

DFE = BFE + 2 ft or 500-year flood elevation, whichever is higher

 

a. Minimum elevations shown in Table 2-1 do not apply to V Zones (see Table 4-1). Minimum elevations shown in Table 2-1 apply to A-Zones unless specific elevation requirements are given in Section 3 of this Standard.

b. See Table 1-1, or Table 1604.5 of the New York City Building Code, for structural occupancy category descriptions.

c. For nonresidential buildings and nonresidential portions of mixed-use buildings, the lowest floor shall be allowed below the minimum elevation if the structure meets the floodproofing requirements of Section 6.

d. Buildings that include I-2 occupancies that are hospitals shall use the greater of (i) the DFE for the applicable structural occupancy category as indicated in this table or (ii) the 500-year flood elevation.

 

§ 2. The New York city amendments to section 4.4 of ASCE 24-05 as set forth in section G501.1 of chapter G5 of appendix G of the New York city building code, as amended by local law number 141 for the year 2013, is amended to read as follows:

Section 4.4. Table 4-1 of Section 4.4 (Elevation Requirements) is amended to read as follows:

Table 4-1

Minimum Elevation of Bottom of Lowest Supporting

Horizontal Structural Member of Lowest Floor

Relative to Design Flood Elevation (DFE)-V-Zones and Coastal A-Zones

Structural Occupancy categorya

Member orientation relative to the Direction of wave approach

 

Parallelb

Perpendicularb

I

DFE=BFE + 2 ft

DFE=BFE + 2 ft

[II (1-and 2- family dwellings)]

[DFE=BFE + 2 ft]

[DFE=BFE + 2 ft]

IIc [(all others)]

DFE=BFE + 2 ft

DFE-BFE + [1] 2 ft

IIIc

DFE=BFE + [1] 2 ft

DFE=BFE + 2 ft

IVc

DFE=BFE + [1] 2 ft

DFE=BFE + 2  ft or 500-year flood elevation, whichever is higher

a. See Table 1-1, or Table 1604.5 of the New York City Building Code, for structural occupancy category descriptions.

b. Orientation of lowest horizontal structural member relative to the general direction of wave approach; parallel shall mean less than or equal to 20 degrees from the direction of approach; perpendicular shall mean greater than 20 degrees from the direction of approach.

c. Buildings that include I-2 occupancies that are hospitals shall use the greater of (i) the DFE for the applicable structural occupancy category as indicated in this table or (ii) the 500-year flood elevation.

 

§ 3. The New York city amendments to section 5.1 of ASCE 24-05 as set forth in section G501.1 of chapter G5 of appendix G of the New York city building code, as amended by local law number 141 for the year 2013, is amended to read as follows:

Section 5.1. Table 5-1 of Section 5.1 (Materials, General) is amended to read as follows:

Table 5-1

Minimum Elevation, Relative to Design Flood

Elevation (DFE), Below which Damage-Resistant

Materials Shall be Used

Structural Occupancy categorya

A-ZONE

Coastal High Hazard Areas and Coastal A-Zones

 

 

Orientation Parallelb

Orientation  Perpendicularb

I

DFE=BFE + 2 ft

DFE=BFE + 2 ft

DFE=BFE + 2 ft

[II (1-and 2- family dwellings)]

[DFE=BFE + 2 ft]

[DFE=BFE + 2 ft]

[DFE=BFE + 2 ft]

IIc [(all others)]

DFE=BFE + [1] 2 ft

DFE=BFE + [1] 2 ft

DFE=BFE + 2 ft

IIIc

DFE=BFE + [1] 2 ft

DFE=BFE + 2 ft

DFE=BFE + 3 ft

IVc

DFE=BFE + 2 ft or 500-year flood elevation, whichever is higher

DFE=BFE + 2 ft or 500-year flood elevation, whichever is higher

DFE=BFE + 3 ft or 500-year flood elevation, whichever is higher

a. See Table 1-1, or Table 1604.5 of the New York City Building Code, for structural occupancy category descriptions.

b. Wet or dry floodproofing shall extend to the same level.

c. Dry floodproofing of residential buildings and residential portions of mixed use buildings shall not be permitted.

d. Buildings that include I-2 occupancies that are hospitals shall use the greater of (i) the DFE for the applicable structural occupancy category as indicated in this table or (ii) the 500-year flood elevation.

 

§ 4. The New York city amendments to section 6.2 of ASCE 24-05 as set forth in section G501.1 of chapter G5 of appendix G of the New York city building code, as amended by local law number 141 for the year 2013, is amended to read as follows:

Section 6.2. Table 6-1 of Section 6.2 (Dry Floodproofing) is amended to read as follows:

TABLE 6-1

MINIMUM ELEVATION OF FLOODPROOFING, RELATIVE TO

DESIGN FLOOD ELEVATION (DFE)-A-ZONES

STRUCTURAL OCCUPANCY CATEGORYa

MINIMUM ELEVATION OF FLOODPROOFINGb

I

DFE=BFE+ [1] 2 ft

IIc,d

DFE=BFE+ [1] 2 ft

IIId

DFE=BFE+ [1] 2 ft

IVd

DFE=BFE+ 2 ft or 500-year flood elevation, whichever is higher

 

§ 5. The New York city amendments to section 7.1 of ASCE 24-05 as set forth in section G501.1 of chapter G5 of appendix G of the New York city building code, as amended by local law number 141 for the year 2013, is amended to read as follows:

Section 7.1. Table 7-1 of Section 7.1 (General) is amended to read as follows (see Table 7-1 below):

Table 7-1

Minimum Elevation of utilities and attendant equipment relative to design flood elevation (dfe)

Structural Occupancy categorya

LOCATE UTILITIES AND ATTENDANT EQUIPMENT ABOVEb

 

A-Zones

Coastal High Hazard Area and Coastal A-Zones

 

 

Orientation Parallelc

Orientation  Perpendicularc

I

DFE=BFE + 2 ft

DFE=BFE + 2 ft

DFE=BFE + 2 ft

[II (1-and 2- family dwellings)]

[DFE=BFE + 2 ft]

[DFE=BFE + 2 ft]

[DFE=BFE + 2 ft]

IIc [(all others)]

DFE=BFE + [1] 2 ft

DFE=BFE + [1] 2 ft

DFE=BFE + 2 ft

IIIc

DFE=BFE + [1] 2 ft

DFE=BFE + 2 ft

DFE=BFE + 3 ft

IVc

DFE=BFE + 2 ft or 500-year flood elevation, whichever is higher

DFE=BFE + 2 ft or 500-year flood elevation, whichever is higher

DFE=BFE + 3 ft or 500-year flood elevation, whichever is higher

a. See Table 1-1, or Table 1604.5 of the New York City Building Code, for structural occupancy category descriptions.

b. Locate utilities and attendant equipment above elevations shown unless otherwise provided in the text.

c. Orientation of lowest horizontal structural member relative to the general direction of wave approach; parallel shall mean less than or equal to +20 degrees from the direction of approach; perpendicular shall mean greater than +20 degrees from the direction of approach.

d. Buildings that include I-2 occupancies that are hospitals shall use the greater of (i) the DFE for the applicable structural occupancy category as indicated in this table or (ii) the 500-year flood elevation.

 

§ 6. This local law takes effect 1 year after it becomes law, except that this local law shall not apply to construction work related to applications for construction document approval filed prior to such effective date.

 

 

 

 

JSA

LS #13023

3/10/21 9:10p.m.