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Elevation Certificate - Non compliant

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(@spledeus)
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New construction in the floodplain that does not meet the Federal or State Regulations for construction in the flood zone.?ÿ Bringing the site into compliance will be difficult for the builder.?ÿ He should have thought about it before he started framing.

Their flood insurance was set to expire so I completed an EC using the 'Under Construction' category.?ÿ They want me to issue a final EC.?ÿ Would I get into hot water if I issued a final EC that documents non-compliance?

Icing on the cake: the architect has suggested that I round the numbers to work.?ÿ?ÿ

 
Posted : 06/07/2021 4:11 am
(@jitterboogie)
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??? ???? ???? ???? ???ª ???®?ÿ

 
Posted : 06/07/2021 4:30 am
(@nate-the-surveyor)
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Sure. If you want to buy that house.

It costs more to elevate that site, after a house is constructed, than before.

N

 
Posted : 06/07/2021 4:34 am
(@spledeus)
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@nate-the-surveyor Hey Nate, I checked with the regional CFM who said I would not be in hot water if I issued a final however it would get kicked back for the problems to be remedied.?ÿ Fun times...?ÿ I think I will put this one to the side for a day or two.

 
Posted : 06/07/2021 4:56 am
(@cordgrass)
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let the architect borrow your equipment and he stamp it.?ÿ

 
Posted : 06/07/2021 5:13 am
(@peter-lothian)
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I don't see how you could be in hot water from a regulatory viewpoint, all you are doing is certifying to the elevations as you find them to be. You didn't build the thing. The builder and/or architect might be peeved, but it's not your job to fudge numbers so they don't look bad. Documenting non-compliance lets the regulators know that something needs to be fixed (by they builder/architect) before an unsuspecting consumer moves into the house and gets whalloped with insanely high flood insurance rates, or worse - an uninsured flood event.

 
Posted : 06/07/2021 5:17 am
(@nate-the-surveyor)
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@spledeus

In my mind, when the contractor has 200k operating capitol, and he's going in to construct the house, he's proud.

When he's done, and it's too low, because the "thought it was just dirt", he's gonna want somebody else to compensate.

My dad used to say "always too late smart"

My advice to these guys is, ALWAYS build 2' higher than bfe. After everybody is done, I've seen these houses somehow "sink". Billions of reasons. Even blaming compaction.

No matter. 1500 to 3000 sq ft, 2' deep, if lots cheaper to install, before house is built.

N

 
Posted : 06/07/2021 5:20 am
(@veyor1836)
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Your job is to document the situation/circumstances... if they are non-compliant, then they are non-compliant. It stinks, and you hate to be the bearer of bad news for any client, but the circumstances are what they are.?ÿ if you fudge the numbers by rounding up per the architects suggestion, then you open yourself up to all sorts of liability.?ÿ The builder, future owners and mortgage bank are all going to be able to use your fudged EC to place any and all liability on you.?ÿ In fact the bank will likely want to see it submitted for a LOMA, which then becomes part of the local permanent record.?ÿ?ÿ

Myself I would rather document the situation as is.?ÿ I would rather someone pay for flood insurance if they are going to need it in the future, than me fudge a form, that gets them out of spending money but not having necessary coverage.?ÿ At least with a EC to document the situation, they should get a better flood insurance rate than without one.

 
Posted : 06/07/2021 5:25 am
(@spledeus)
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@nate-the-surveyor The owner is the builder and the builder cannot find grunts.?ÿ Ergo, he is the one who has to push the dirt around in a 5' tall crawl space that will become 3' tall as they fill.?ÿ Oh well, they threatened to with hold payment so I have put a hold on that project until I am paid.

 
Posted : 06/07/2021 5:46 am
(@bill93)
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Posted by: @spledeus

they threatened to with hold payment.

"We didn't hire you to give us an answer we don't like"?ÿ ?

 
Posted : 06/07/2021 7:32 am
(@peter-lothian)
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@bill93 Fortunately, Massachusetts now allows surveyors to file liens, so @spledeus can put a real damper on the sale / mortgaging of this building, if he feels it necessary to get paid.

 
Posted : 06/07/2021 7:50 am
(@thebionicman)
Posts: 4437
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If he wants help solving the problem he needs to know two things.?ÿ

1. I'm charging a bath tub full of cash. 65% up front.

2. I'm not lying or ignoring the problems he created.

Too much good work to let idiots drag you down..

 
Posted : 06/07/2021 8:48 am
(@spledeus)
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@thebionicman?ÿ

PROBLEM SOLVED:

The architect, annoyed with the surveyor and his insistence on meeting the code, completed the Elevation Certificate himself.?ÿ I am giddy.

 
Posted : 06/07/2021 1:24 pm
(@spledeus)
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@peter-lothian But they still need an as-built and a pool permit and a pool layout...

 
Posted : 06/07/2021 2:30 pm
(@thebionicman)
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@spledeus?ÿ

Once a copy is filed it should make its way to his Board.

 
Posted : 06/07/2021 2:34 pm
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