,,ii  #aacth ,,congress  #ast ,session  
,s4 #ffg  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,april #h1 #bjac    
,mrs4 ,feinstein introduced the         
following bill2 which was read twice and
 referred to the ,committee on ,banking1
 ,housing1 and ,urban ,affairs  ,a      
,,bill  ,to amend the ,national ,flood  
,insurance ,act of #aifh to allow the   
rebuilding1 without elevation1 of       
certain structures that are located in  
areas having special flood hazards and  
are substantially damaged by fire1 and  
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,fire-,damaged ,home ,rebuilding ,act of
 #bjac4  #b4 ,requirements for ,state   
and local land use controls ,section    
#acae7;a7 of the ,national ,flood       
,insurance ,act of #aifh 7#db ,u4,s4,c4 
#djbb7;a77 is amended by adding at the  
end the following3  7#c7 ,allowable     
local variances for certain residential 
structures  7,a7 ,definitions ,in this  
paragraph--  7i7 the term covered area  

means an area having special flood      
hazards that--  7,i7 is or will be      
protected by a levee system--  7aa7 that
 meets or will meet the requirements    
established under section #fe4aj of     
title #dd1 ,code of ,federal            
,regulations1 or any successor thereto2 
and  7bb7 with respect to which adequate
 progress toward the repair1            
replacement1 or construction of the     
levee system has been made1 provided    
that such progress is acceptable to the 
,administrator2 and  7,,ii7 absent the  
protection provided by the levee system1
 is subject to significant base flood   
elevations of not less than a reasonable
 height1 as determined by the           
,administrator2  7ii7 the term eligible 
structure means a residential structure 
that--  7,i7 is located in a covered    
area2 and  7,,ii7 is substantially      
damaged by a fire or other disaster1 not
 including a flood2 and  7iii7 the term 
substantially damaged1 with respect to a
 structure1 means a structure that      

incurs substantial damage1 as that term 
is defined in section #ei4a of title    
#dd1 ,code of ,federal ,regulations1 or 
any successor thereto4  7,b7            
,authorization for variances            
,notwithstanding any other provision of 
this title1 the adequate land use and   
control measures required to be adopted 
in an area 7or subdivision thereof7     
pursuant to paragraph 7#a7 may permit an
 appropriate ,state or local authority  
to grant a variance described in        
subparagraph 7,c74  7,c7 ,requirements  
for variances ,a variance described in  
this subparagraph is a variance from    
compliance with the adequate land use   
and control measures required to be     
adopted in an area 7or subdivision      
thereof7 pursuant to paragraph 7#a7 that
 allows for the repair and restoration  
of an eligible structure to its         
predamaged condition without elevation  
of the structure1 after an appropriate  
,state or local authority determines    
that--  7i7 the repaired and restored   

structure will be located on the same   
site as the structure was located before
 being substantially damaged by a fire  
or other disaster1 not including a      
flood2  7ii7 the footprint of the       
repaired and restored structure will not
 exceed the footprint of the original   
structure2  7iii7 the number of floors  
of the repaired and restored structure  
will not exceed the number of floors of 
the original structure2  7iv7 the       
elevation of the repaired and restored  
structure will be consistent with       
existing construction in the            
neighborhood2  7v7 no claims payments   
have been made under flood insurance    
coverage under this title for damages to
 or loss of the structure2  7vi7 the    
owner of the structure has owned the    
structure continually from before the   
time of the damage described in clause  
7i72 and  7vii7 the repair and          
restoration of the structure is for the 
purpose of occupancy by the owner of the
 structure4  7,d7 ,maximum number of    

variances ,during any calendar year1 an 
appropriate ,state or local authority   
may not grant more than #aj variances in
 accordance with this paragraph for an  
area 7or subdivision thereof74  7,e7    
,prohibition ,the ,administrator may    
not--  7i7 find that land use and       
control measures are inadequate or      
inconsistent with the comprehensive     
criteria for land management and use    
under section #acfa because the land use
 and control measures permit the        
granting of a variance in accordance    
with this paragraph2 or  7ii7 suspend an
 area 7or subdivision thereof7 from     
participation in the national flood     
insurance program or place an area 7or  
subdivision thereof7 on probation under 
the national flood insurance program    
because the area has adopted land use   
and control measures that permit the    
granting of a variance in accordance    
with this paragraph4  4  #c4 ,premium   
rates ,section #acjh of the ,national   
,flood ,insurance ,act of #aifh 7#db    

,u4,s4,c4 #djae7 is amended by adding at
 the end the following3  7j7            
,prohibition on lowering premium rate   
for structures rebuilt pursuant to      
certain variances ,notwithstanding any  
other provision of this title1 after the
 repair and restoration of a residential
 structure pursuant to a variance       
granted in accordance with section      
#acae7;a77#c71 the chargeable premium   
rate for the structure may not be lower 
than the rate that otherwise would apply
 to the structure if the structure had  
not been substantially damaged by a fire
 or other disaster1 not including a     
flood1 and repaired and restored        
pursuant to the variance4  4