[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR63.17]

[Page 321-322]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 63_IMPLEMENTATION OF SECTION 1306(c) OF THE NATIONAL FLOOD INSURANCE ACT 
 
Subpart B_State Certification of Structures Subject to Imminent Collapse
 
Sec.  63.17  Procedures and data requirements for imminent collapse 

certifications by States.

    Any State that has been determined to be eligible by the 
Administrator may certify that a coastal structure is subject to 
imminent collapse. Such certification requires that the State collect 
scientific or technical information relative to the structure and its 
site and provide such information to the insured to be filed with a 
claim for insurance benefits under Section 1306 of the National Flood 
Insurance Act of 1968, as amended. The information which is provided to 
the insured shall include, but is not limited to, the following:
    (a) Certification from the State agency that the structure is 
subject to imminent collapse. The certification shall cite the property 
address, legal description (e.g., lot, block), the date of application 
for certification, and the date of and basis for the certification, and
    (b) Supporting scientific and technical data to substantiate the 
certification consisting of the following:
    (1) Photographs of the structure in relation to the obvious peril. 
All photographs should be labeled with the location, direction, date and 
time from which they were taken. The collection of photographs should 
adequately display the following:
    (i) Any evidence of existing damage. The damage can include loss or 
erosion of soil near or around the foundation, or structural damage to 
the foundation components.
    (ii) Structure and waterbody. These photographs shall show both the 
structure and the waterbody that presents the peril. If the structure is 
on a high bluff or dune and not accessible from the water side, the top 
edge of the bluff or dune will be sufficient. These will usually be 
taken from one or both sides of the structure.
    (iii) Physical reference features used in the measurements discussed 
below. The reference feature shall be in or near the area affected by 
normal tides, when applicable. If a reference is not clearly 
distinguishable on the photograph, it should be annotated to identify 
the feature. If possible, all reference features described below should 
be photographed showing their relationship to the site of the threatened 
structure.
    (2) Identification and selection of reference features. The 
following reference features are presented according to priority. If the 
first feature is not present, the next feature shall be located and 
photographed, and so forth.
    (i) Top edge of bluff (cliff top).
    (ii) Top edge of escarpment on an eroding dune (i.e., a nearly 
vertical erosional cut at the seaward face of the dune). The normal high 
tide should be near the toe of the dune and there should be indications 
that the dune is actively eroding.
    (iii) The normal high tide limit may be indicated by one of the 
following:
    (A) Vegetation line (the seaward most edge of permanent vegetation).
    (B) Beach scarp (erosion line on beach, usually a sharp, nearly 
vertical drop of 0.5 to 3.0 feet at the upper limit of high tide).
    (C) Debris line deposited by the normal high tide, not by a recent 
storm.
    (D) Upper limit of wet sand.
    (3) Distance measurements from the threatened structure to the 
nearest points on the reference features. These measurements should be 
taken from all photographed reference features to the closest point on 
the supporting foundation. For purposes of making this measurement, 
decks, stairs, and other exterior attachments that do not contribute to 
the structural support of the building are not considered part of the 
structure. The measurements shall be

[[Page 322]]

taken horizontally with a tape and recorded to the nearest foot. The 
date and time of the measurement shall be noted. The location of the 
measurements (i.e., reference feature and closest structural member) 
shall be identified on the appropriate photograph or sketch of the site. 
If some or all of the reference features coincide, this shall also be 
noted and identified on the photographs. Reference features landward of 
the structure need not be measured, but shall be noted on the 
photographs.
    (4) A determination of the average annual erosion rate at the site 
and a copy of the pertinent section of the reference document used to 
obtain the annual erosion rate at the site.
    (5) Copy of the effective Flood Insurance Rate Map panel annotated 
with the location of the threatened structure.
    (6) In the event that a structure is not situated within a ``zone of 
imminent collapse'' using the criteria and procedures in paragraphs (b) 
(1) through (5) of this section, then the State may submit other 
scientific and technical data, in addition to the information described 
in paragraphs (b) (1) through (5) of this section, that would reveal 
unusual erosive or stability conditions at the site. Such data must 
include engineering analyses or reports performed on the structure or 
site which evaluates local rates of erosion, or the condition or 
stability of the structure's foundation including supporting soil.
    (c) In the case of structures planned to be relocated, a 
certification as to whether the proposed relocation site is outside the 
30-year setback for 1-4 family residential structures, or outside the 
60-year setback for all other structures, must also be submitted by the 
State.

[53 FR 36975, Sept. 23, 1988, as amended at 53 FR 44193, Nov. 2, 1988]