Non-Conversion Agreement and Enclosures Below Base Flood Elevation

NON-CONVERSION AGREEMENT FORM

Non-Conversion Agreement means a document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk’s or recorder’s stamps and/or notations that the filing has been completed.

ENCLOSURES BELOW BASE FLOOD ELEVATION:   

Design and construction (and use) of buildings in the City of Margate must follow the Guidelines contained in FEMA P-499: “Home Builder’s Guide to Coastal Construction. This Guide can be downloaded from FEMA’s website at www.fema.org.

An “Enclosure” is formed when any space below BFE is enclosed on all sides by any walls or partition.  Any Enclosure (no matter how small) must have a minimum of two flood openings on two different walls.  Grade on the inside face of the vent (under the house) must be at same elevation (or higher) than grade at the outer face of the vent.   If grade elevation under the house is lower than the adjacent exterior grade, then it is considered by FEMA to be a prohibited residential construction basement. A compliant enclosed area below the BFE can be rendered non-compliant by installing features that are inconsistent with the limitations on uses. Examples of features that are not allowed below the BFE are: • Appliances • Heating and Air Conditioning equipment • Ventilation • Ductwork • Plumbing fixtures • Materials that are not flood damage-resistant materials • More than the minimum electric service required to address life-safety and electric code requirements for vehicle parking, building access, or storage.

Enclosures must be built with flood-resistant materials and equipped with flood openings that allow water levels inside and outside to equalize.  These areas shall not be finished or used for recreational or habitable purposes.

When the City of Margate Building Department issues permits for buildings with enclosed areas below the BFE, permittees are required to execute Non-Conversion Agreements. These agreements document the permittees’ understanding that the allowed use of enclosures is limited, that conversion to other uses is not allowed, and that modifying enclosed areas may render a building non-compliant with minimum requirements and result in higher NFIP flood insurance rates.

 Construction that does not meet these requirements will not be granted a Certificate of Occupancy (C.O.) without a recorded NON-CONVERSION AGREEMENT. 

To access FEMA's "Openings in Foundation Walls and Walls of Enclosures Technical Bulletin 1, released March 2020, click here.Frem FEMA Technical Bulletin 1