Kudos to the Realtor Association of Franklin & Gulf Counties for an excellent panel discussion held on March 11, addressing the Opening Protection Requirements in wind-borne debris regions of Florida. The discussion, which was attended by approximately 15 local Realtors including several from Prudential Shimmering Sands Realty, was addressed by a panel consisting of Christine Ashburn of Citizens Insurance, Mo Madani of Florida DCA Codes and Standards, and Mary Wallace of Cooks Insurance.
The Florida Legislature passed a law that went into effect January 1, 2009, stating that a residential structure located in the “wind-borne debris region” (which includes all of Franklin & Gulf Counties and most of Bay County) with an insured value of $750,000 or more is not eligible for coverage by Citizens Insurance unless it has opening protections as required under the Florida Building Code. In other words, all windows, doors, garage doors and skylights must be properly protected using approved products and means of installation.
The rule has caused some confusion and consternation in coastal areas such as St. George Island, where many homes fall into the “over $750,000” category and where Citizens Insurance in many cases is the only wind insurance option. Wallace explained that there are other companies offering wind insurance coverage, but when homes are not used as primary residences, the options narrow and could also depend upon whether or not the structure is in a gated community, or professionally managed; ownership types such as LLC or trusteeship may also eliminate some options. According to Wallace, not all insurers currently require opening protections, but significant rate reductions are often available for homes meeting certain levels of protection.
Both Wallace and Ashburn reminded the group that as independent insurance companies limit their risks in Florida, Citizens Insurance could be the only choice for some home owners; therefore it would be prudent to follow the Citizens standards when adding opening protection. Citizens Property Insurance Corporation is the State’s homeowners’ insurance safety net. It was created by the Legislature in 2002 to offer property coverage to Floridians without private insurance options.
Madani provided valuable technical information specific to the Florida Building Code. The opening protection legislation cites the Florida Building Code, which went into effect March 1, 2002. Therefore, if the building permit for the structure was granted after March 1, 2002, its windows, doors, garage doors and skylights will have already met the requirements and should not require any retrofitting in order to qualify for wind insurance. It is the older structures – those with building permits prior to March 1, 2002 – that will require upgrades with code-compliant opening protection in order to be insurable by Citizens (if valued over $750,000).
Madani also explained that DCA has a product approval system, and that the list of approved products – shutters, fabric storm panels, skylights, etc. – can be found on its website www.floridabuilding.org. All approved impact-resistant covering systems must be permanently labeled with specific information relative to its approval by DCA, the label must be in a specific location on the product, and the product must have been installed according to the manufacturer’s approved instructions. The discussion addressed the fact that many vendors will call their products “hurricane shutters,” or say that the product is rated for high impact. But if the product does not have the state-designated permanent label, it is not an approved product. Also, according to Madani, films cannot pass the standards as the protection must be an integrated system, and there are no approved films at this time. In order to be safe, Madani recommends that when installing impact-resistant systems, the home owner should always hire a licensed contractor, have the work permitted and properly inspected by the local building inspector, and always look for the permanent label on the product.
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