§ 4013. Nature and limitation of insurance coverage
(a)
Regulations respecting general terms and conditions of insurability
The Director shall from time to time, after consultation with the advisory committee authorized under section
4025 of this title, appropriate representatives of the pool formed or otherwise created under section
4051 of this title, and appropriate representatives of the insurance authorities of the respective States, provide by regulation for general terms and conditions of insurability which shall be applicable to properties eligible for flood insurance coverage under section
4012 of this title, including—
(1)
the types, classes, and locations of any such properties which shall be eligible for flood insurance;
(b)
Regulations respecting amount of coverage
In addition to any other terms and conditions under subsection (a) of this section, such regulations shall provide that—
(1)
any flood insurance coverage based on chargeable premium rates under section
4015 of this title which are less than the estimated premium rates under section
4014
(a)(1) of this title shall not exceed—
(A)
in the case of residential properties—
(B)
in the case of business properties which are owned or leased and operated by small business concerns, an aggregate liability with respect to any single structure, including any contents thereof related to premises of small business occupants (as that term is defined by the Director), which shall be equal to
(ii)
$100,000 multiplied by the number of such occupants and shall be allocated among such occupants (or among the occupant or occupants and the owner) under regulations prescribed by the Director; except that the aggregate liability for the structure itself may in no case exceed $100,000; and
(C)
in the case of church properties and any other properties which may become eligible for flood insurance under section
4012 of this title—
(2)
in the case of any residential property for which the risk premium rate is determined in accordance with the provisions of section
4014
(a)(1) of this title, additional flood insurance in excess of the limits specified in clause (i) of subparagraph (A) of paragraph (1) shall be made available to every insured upon renewal and every applicant for insurance so as to enable such insured or applicant to receive coverage up to a total amount (including such limits specified in paragraph (1)(A)(i)) of $250,000;
(3)
in the case of any residential property for which the risk premium rate is determined in accordance with the provisions of section
4014
(a)(1) of this title, additional flood insurance in excess of the limits specified in clause (ii) of subparagraph (A) of paragraph (1) shall be made available to every insured upon renewal and every applicant for insurance so as to enable any such insured or applicant to receive coverage up to a total amount (including such limits specified in paragraph (1)(A)(ii)) of $100,000;
(4)
in the case of any nonresidential property, including churches, for which the risk premium rate is determined in accordance with the provisions of section
4014
(a)(1) of this title, additional flood insurance in excess of the limits specified in subparagraphs (B) and (C) of paragraph (1) shall be made available to every insured upon renewal and every applicant for insurance, in respect to any single structure, up to a total amount (including such limit specified in subparagraph (B) or (C) of paragraph (1), as applicable) of $500,000 for each structure and $500,000 for any contents related to each structure; and
(5)
any flood insurance coverage which may be made available in excess of the limits specified in subparagraph (A), (B), or (C) of paragraph (1), shall be based only on chargeable premium rates under section
4015 of this title, which are not less than the estimated premium rates under section
4014
(a)(1) of this title, and the amount of such excess coverage shall not in any case exceed an amount equal to the applicable limit so specified (or allocated) under paragraph (1)(C), (2), (3), or (4), as applicable.
(c)
Effective date of policies
(1)
Waiting period
Except as provided in paragraph (2), coverage under a new contract for flood insurance coverage under this chapter entered into after September 23, 1994, and any modification to coverage under an existing flood insurance contract made after September 23, 1994, shall become effective upon the expiration of the 30-day period beginning on the date that all obligations for such coverage (including completion of the application and payment of any initial premiums owed) are satisfactorily completed.
(2)
Exception
The provisions of paragraph (1) shall not apply to—
(A)
the initial purchase of flood insurance coverage under this chapter when the purchase of insurance is in connection with the making, increasing, extension, or renewal of a loan; or
(B)
the initial purchase of flood insurance coverage pursuant to a revision or updating of floodplain areas or flood-risk zones under section
4101
(f) of this title, if such purchase occurs during the 1-year period beginning upon publication of notice of the revision or updating under section
4101
(h) of this title.