FLORIDA DISASTER HOUSING STRATEGY

MODULE 5: NAVIGATING THE REGULATORY PROCESS

Module ObjectivesOverview the local, state, and federal regulatory authorities which affect the interim housing missionIdentify vital stakeholders with regulatory authorityEstablish criteria for prioritizing public safety concerns in the permitting processDesign an expedited permitting process to support the disaster housing mission

Regulatory Authorities Overview

Federal Government State GovernmentLocal Government

Stafford Disaster Relief and Emergency Assistance Act, Enables the Federal Government to assist States affected by a disaster to expedite the rendering of aid and emergency services as well as the reconstruction of devastated areas. It provides statutory authority for most Federal disaster response activities especially as they pertain to FEMA and FEMA programs including disaster housing.

Federal Assistance to Individuals and Household (Section 408)Section 408 provides the regulatory framework and program eligibility criteria for :

1. Temporary Housing2. Repair3. Replacement4. Permanent and Semi-permanent

National Disaster Housing Strategy Describes how FEMA currently provides disaster housing Details new policy initiatives

Other Federal RegulationsThe Architectural Barriers Act Uniform Federal Accessibility Standards The Americans with Disabilities Act The Rehabilitation Act (Sec. 504)The Fair Housing Amendments ActDevelopmental Disabilities Assistance and Bill of Rights Act

Federal RegulationsExecutive Order 13347Civil Rights Act of 1964, Title VIAge Discrimination ActPets Evacuation and Transportation ActNational Fire Protection Association 501 A: Standard for Fire Safety Criteria

Federal RegulationsNational Environmental Policy Act & Wetlands Executive Order:-Wetlands Protection-Species Endangerment-Water and Air Quality

State Regulations F.S. Chapter 252: State Emergency Management ActF.S. Chapter 513: Mobile home and Recreational Vehicle ParksF.S. Chapter 320: Inspection and Design Standards for Mobile Home Parks and RV ParksNFPA 501 A & Rule Chapter 69 A-42: Fire Safety Standards for Mobile Home Parks and Recreations Vehicles

Local OrdinancesBuilding Codes Land Development CodesZoning CodesLocal Environmental OrdinancesFloodplain management OrdinancesFire and Safety Standards Enforcement (NFPA)

Review of Land Development CodeReview each zoning categoryIdentify zoning or land use categories that would permit temporary housingIdentify zoning or land use categories which should perhaps be modified to temporarily permit interim housing optionsIdentify specific issues which should be modified such as setback requirements and density restrictions

Flood Prevention OrdinanceNational Flood Insurance Program and Florida Statute Chapter 125 requires a local flood damage prevention ordinanceProhibits uses which are dangerous to health and safety

Private Property RightsDeed restrictionsCondo Association restrictionsNeighborhood Association restrictions

Discussion Question: Permitting Issues

What stakeholders in your community should engage in the evaluation of interim housing permitting issues?

Local Stakeholders in Regulatory Issues

Executive / Political LeadershipJurisdictional Legal Representative (County/City Attorney)Planning Department RepresentativeHousing OfficialBuilding OfficialLocal Department of Health RepresentativeFire Safety InspectorSolid Waste ManagementEnvironmental Division

Prioritizing Public Safety in the Permitting Process

Housing vs. Policy

Local Considerations for high priority or low priority consideration:Fire Safety and Emergency AccessSafe Drinking Water/Adequate Sewer ServicesEnvironmental ProtectionLand Use Restrictions and Setback RequirementsTraffic RequirementsProtection for Persons with Disabilities

Prioritizing Public Safety

Discussion QuestionWhat factors might impact the permitting of interim housing within your community?

Permitting ConsiderationsEngage stakeholders with regulatory authority

Post-disaster emergency housing ordinanceExpedited permitting procedures Reduce permitting obstacles by establishing emergency review procedures

Ensure intergovernmental coordination with federal and state partners

Expedited Permitting ProcessBuilding CodeFire CodePublic Health Regulations

Single Permitting Process with all agenciesSingle Permit Approval Location Local Liaison / State Liaison / Federal LiaisonPermitting Fees: Waive or Maintain

Permitting Considerations

Emergency Executive OrdersProviding Executive Leadership During Extreme SituationsAddressing Highly Controversial Strategies During Severe IncidentsTemporarily Relaxing Land Use and Zoning RestrictionsTemporarily Waiving Purchasing And Leasing Regulations To Expedite Property UseTemporarily Relaxing Fees

Reference TemplateReference the Regulatory Obstacles section in the local disaster housing template for additional guidance.

At the end of this module students should be able to:Understand the basic framework of local, state, and federal regulatory authorities which affect the interim housing missionEngage vital stakeholders with regulatory authority to evaluate local permitting procedures which impact the interim housing mission

Module Summary