Florida Disaster Housing Strategy Module 5: Navigating the Regulatory Process

1. Florida Disaster Housing Strategy Module 5: Navigating the Regulatory Process

2. Module Objectives • Overview the local, state, and federal regulatory authorities which affect the interim housing mission • Identify vital stakeholders with regulatory authority • Establish criteria for prioritizing public safety concerns in the permitting process • Design an expedited permitting process to support the disaster housing mission

3. Regulatory Authorities Overview • Federal Government • State Government • Local Government

4. 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.

5. Federal Assistance to Individuals and Household (Section 408) Section 408 provides the regulatory framework and program eligibility criteria for : • Temporary Housing • Repair • Replacement • Permanent and Semi-permanent

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

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

8. Federal Regulations • Executive Order 13347 • Civil Rights Act of 1964, Title VI • Age Discrimination Act • Pets Evacuation and Transportation Act • National Fire Protection Association 501 A: Standard for Fire Safety Criteria

9. Federal Regulations • National Environmental Policy Act & Wetlands Executive Order: -Wetlands Protection -Species Endangerment -Water and Air Quality

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

11. Local Ordinances • Building Codes • Land Development Codes • Zoning Codes • Local Environmental Ordinances • Floodplain management Ordinances • Fire and Safety Standards Enforcement (NFPA)

12. Review of Land Development Code • Review each zoning category • Identify zoning or land use categories that would permit temporary housing • Identify zoning or land use categories which should perhaps be modified to temporarily permit interim housing options • Identify specific issues which should be modified such as setback requirements and density restrictions

13. Flood Prevention Ordinance • National Flood Insurance Program and Florida Statute Chapter 125 requires a local flood damage prevention ordinance • Prohibits uses which are dangerous to health and safety

14. Private Property Rights • Deed restrictions • Condo Association restrictions • Neighborhood Association restrictions

15. Discussion Question: Permitting Issues What stakeholders in your community should engage in the evaluation of interim housing permitting issues?

16. Local Stakeholders in Regulatory Issues • Executive / Political Leadership • Jurisdictional Legal Representative (County/City Attorney) • Planning Department Representative • Housing Official • Building Official • Local Department of Health Representative • Fire Safety Inspector • Solid Waste Management • Environmental Division

17. Prioritizing Public Safety in the Permitting Process Housing vs. Policy

18. Prioritizing Public Safety Local Considerations for high priority or low priority consideration: • Fire Safety and Emergency Access • Safe Drinking Water/Adequate Sewer Services • Environmental Protection • Land Use Restrictions and Setback Requirements • Traffic Requirements • Protection for Persons with Disabilities

19. Discussion Question • What factors might impact the permitting of interim housing within your community?

20. Permitting Considerations • Engage stakeholders with regulatory authority • Post-disaster emergency housing ordinance • Expedited permitting procedures • Reduce permitting obstacles by establishing emergency review procedures • Ensure intergovernmental coordination with federal and state partners

21. Permitting Considerations Expedited Permitting Process Building Code Fire Code Public Health Regulations Single Permitting Process with all agencies Single Permit Approval Location Local Liaison / State Liaison / Federal Liaison Permitting Fees: Waive or Maintain

22. Emergency Executive Orders • Providing Executive Leadership During Extreme Situations • Addressing Highly Controversial Strategies During Severe Incidents • Temporarily Relaxing Land Use and Zoning Restrictions • Temporarily Waiving Purchasing And Leasing Regulations To Expedite Property Use • Temporarily Relaxing Fees

23. Reference Template • Reference the Regulatory Obstacles section in the local disaster housing template for additional guidance.

24. Module Summary • 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 mission • Engage vital stakeholders with regulatory authority to evaluate local permitting procedures which impact the interim housing mission