Business owners in hurricane-ravaged areas (other areas damaged by natural disasters) who start rebuilding have a number of hurdles to overcome in restoring their businesses and properties to their pre-storm condition. Initially, there is the wait for restored electricity and potable water. Next comes the mitigation steps taken to prevent further damage to the affected properties: boarding broken windows, removing merchandise, furniture and equipment from wet areas, temporary roof repairs, etc. Then comes the assessment of damage, dealing with insurance adjusters and planning the permanent repairs and associated construction. Many business owners, however, may not realize that they generally will not be able to merely restore their properties to the condition they were in prior to the storm. In fact, they will usually be required to rebuild to a condition that is better, but more expensive, than before the storm – by having to comply with the most current building and other codes and laws, including compliance with the Federal Americans with Disabilities Act (“ADA”) and the state and local accessibility codes for the disabled. Buildings owned or operated by state and local governments must likewise comply with the ADA and current editions of applicable codes.
Most building codes do not require buildings and facilities to be upgraded when the code changes unless, and until, the building or facility undergoes an alteration, whether by choice or necessitated by an act of God. At that time, either the area being altered, or the entire building, depending on the extent of the alteration, must be brought up to the codes in effect at the time. This can have a significant effect on the cost of re-building. Typical code changes may involve higher minimum ground floor elevation in flood zones or coastal areas, windload resistance, life safety/fire prevention assemblies, and accessibility for the disabled......
