After the Storm: Temporary Repairs Following a Destructive Weather Event

After any destructive weather event, whether it be a hurricane, a windstorm, flooding, or ice damage, one of the first tasks for the facility owner or operator will be making the temporary repairs necessary to: (1) ensure the safety of people and property; (2) mitigate further damage; and (3) minimize business interruption and other losses.

Ideally, a facility owner or operator will already have a formal plan in place for dealing with a destructive weather event. Marina facilities, for example, should have in place pre-event checklists detailing exactly what should be done to attempt to safeguard the three basic components of the marina – the pilings, floats, and utilities - in advance of any major weather event. Similarly, marinas should also have in place post-event checklists detailing exactly what should be done immediately following such an event, including any required temporary repairs to those three basic marina components.

Many of the required temporary repairs may be relatively straightforward, such as the repair or replacement of damaged signage and barricades, the demolition and removal of damaged marina components, the securing of loose floats and finger docks, the bracing of any compromised marina components, and the replacement of any damaged decking.

Repairing the marina’s electrical systems, however, may be more involved than simply repairing the electrical system that was in place before the event. Local building officials may require that the electrical system be upgraded to the current code or other standards, and such upgrades frequently involve a significant amount of time, effort, and expense. The primary concern regarding a marina’s electrical system is, of course, human health and safety. Ideally prior to the event or immediately thereafter if it is not possible to do so prior to the event, a marina’s electrical system should be completely de-energized. Prior to re-energizing the electrical system, it should be thoroughly inspected and evaluated by a licensed electrical contractor to make sure it is safe to turn the power back on.

The following photographs illustrate a number of unsafe conditions that can result when an electrical system is damaged but not de-energized following an event.

Shore Power Cords Plugged Into Condemned Power Pedestal - De-Energizing the Electrical System Will Prevent Such Unauthorized Usage

Electrical Junction Box Submerged After Storm – If the Electrical System is Not De-Energized, this Creates an Obvious Risk of Electrocution

Extension Cord Spliced to Shore Power Cord Plugged Into a Damaged Power Pedestal – De-Energizing the Electrical System Will Prevent Such Unauthorized and Jerry-Rigged Usage

Two Shore Power Cords Connected to Reach Damaged Power Pedestals - De-Energizing the Electrical System Will Prevent Such Unauthorized Usage

Damaged and Exposed Electrical Wiring Draped into Water

One potential issue marina facility owners or operators may have to deal with when they de-energize the marina’s electrical system following a destructive weather event is complaints by marina tenants who are left without power. Obviously, however, the health and safety of those tenants must be the marina owner or operator’s first priority, and the marina may also be subject to legal liability if a tenant is injured as a result of the electrical system remaining energized following a major weather event or being re-energized without first being inspected and evaluated by a licensed electrical contractor. One way to address the tenants’ concerns without endangering them is to put a temporary electrical system in place as shown in the following photographs.

Temporary Electric Service Panel

Temporary Power Pedestal with Temporary Distribution Line

A marina owner or operator considering installing a temporary electrical system following an event should keep a few key considerations in mind, including: (1) isolating the temporary electrical system from the existing shore electrical service; (2) limiting the amount of amperage per vessel; (3) providing only the minimal amount of power required for the operation of bilge pumps, battery chargers, heaters, etc.; (4) reviewing the layout, operation, and amperage with the marina’s tenants or vessel owners; and (5) clearly differentiating between the components of the energized temporary electrical system and the components of the de-energized and/or condemned electrical system.

Implemented properly, a temporary electrical system offers a number of benefits, including protecting human health and safety, allowing vessel security and basic maintenance to remain in place, and facilitating repairs to and/or reconstruction of the facility. Although electrical service may be limited, a temporary electrical system allows vessels to remain in place at the marina, thereby mitigating business interruption losses and helping to prevent the potential permanent loss of the marina’s tenants.

Aerial Drone Inspections

MSL is utilizing drone technology for its inspections. The drone inspection has several advantages:

• Difficult and Limited Access Areas: The drone can document areas that may otherwise be difficult to reach or unsafe to access. For example, during an inspection of a tall commercial pier, the underside of the decking and associated structure was only physically accessible by being suspended from the topside of the pier. The drone allowed a full visual inspection of all components without the need to “hang” below the deck. In another recent inspection, the drone allowed a detailed inspection of a dock that had lost a section of deck and therefore was not safe to walk across.

• Detailed Measurements: MSL creates a pre-inspection flight plan to optimize the data collected by the drone. The high-resolution images, GPS location, altitude and camera orientation are processed to develop an orthomosaic map, effectively providing a survey of the documented site. Measurements taken from the map can be accurate to less than an inch per pixel. MSL is using this technology to expediate the process of documenting existing conditions, which previously had to be measured by hand. The following image shows an MSL developed orthomosaic overlaid onto Google Earth.

• Documentation of Damages: The drone also provides one more perspective to document post-event conditions. The following image is an example of one of the images that was stitched together to make the prior map.

MSL plans to continue to integrate advances in technology to improve the efficiency of its inspection and assessment protocols.

Skull Creek Marina Rebuilds after Hurricane Matthew

https://www.marinadockage.com/skull-creek-marina-rebuilds-hurricane-matthew/

Hurricane Matthew - Three Lessons for Marina Owners

As another hurricane season approaches, a few lessons can be learned looking back at last year’s Hurricane Matthew. Hurricane Matthew caused significant damage along the southeastern coast of the United States. Marinas were hit hard with varying degrees of damage depending on local tidal surge and exposure. Based on Marine Specialties’ observations from Hurricane Matthew marina claims, Marina Owners should take a few precautions to reduce risks during the next storm:

1. Pre-Hurricane Season – Marinas consistently underestimate the cost of replacement, which leaves the marinas underinsured. If a marina is a total loss and is undervalued, there will not be enough money from the insurance to replace the marina. Even if the damage to the marina only necessitates repairs, underinsured marinas will often be dealing with coinsurance penalties in proportion to the level it is uninsured. These issues can be avoided by developing an accurate replacement cost value when insurance is being renewed.
2. Pre-Storm Preparedness – Deferred maintenance can be a significant contributor to the severity of damages from a storm. During the off-season, Marina Owners should take time to address any areas that have been neglected (not just those things that are unsightly, but also unseen issues, such as loose or rusted structural fasteners.) Also, the weight and stress of docked vessels during a storm cannot be overstated. When feasible, vessels should vacate the marina prior to the storm. Obviously removing all vessels is not always an option. At a minimum, vessels should be moved from the most exposed portions of the marina to other more protected areas, and moored so that that bows will be facing into the prevailing wind. Correct mooring should also be checked. It is surprising how many vessel owners do not understand the proper use of lines. Marinas should develop a plan going into the storm season and ensure that vessel owners are familiar with what will happen in case of a pending storm.
3. Post-Storm Safety and Temporary Repairs – Immediately after the event, it is always a good idea to document the damage and information about the storm event, such as the high-water mark. The biggest post-storm danger at marinas comes from damaged electrical systems. The vessel owners are going to want power back to the docks as soon as possible. However, damaged electrical presents a shock hazard and can lead to fire. Ensure an electrician has thoroughly reviewed the electrical system before re-energizing the system. If the system cannot be safely re-energized, the Marina Owner may want to consider providing a temporary alternative, such as limited generators to ensure batteries stay topped off for bilge pump needs. Structurally damaged docks should also be addressed. First, limit entry into areas that are not structurally safe, and then undertake temporary repairs to prevent further damage to the system. Finally, effective mass communications with vessel owners via social media can reduce the need to answer repeated telephone calls that prevent Marina Owners from addressing other pressing problems.

Underwriting Docks – Increased Risk of Damage Due to Design, Maintenance and Prior Damages

Numerous factors contribute to the extent that a storm damages a dock system. Storm strength and type play a significant role. However, structural design, maintenance, and prior damages can significantly affect the amount of damage a dock sustains from a storm event. 

Unlike construction codes applicable to upland structures, the requirements applicable to docks are generally not as detailed, which allows for significantly more variation in their construction. Even docks made of similar components, such as steel frame docks, often vary in design in ways that impact the strength of the dock system. For example, the amount and type of roof bracing correlates to the roof’s ability to withstand various types of loads – yet the specific roof bracing design is not dictated by construction code and thus may vary wildly from dock to dock. The following three figures are examples of the variations in roof bracing systems:

Figure 1 Roof Support with Double Horizontal and X-Bracing Support System

Figure 2 Roof Support with Thicker Single Horizontal Bracing but Limited Corner Z-Bracing

Figure 3 Roof Support with Double Horizontal and Wire X-Bracing Support System

Each of the above systems has its own particular benefits and weaknesses as compared to other designs. In general, the design should be evaluated on a case-by-case basis based on anticipated load events. For example, different systems may be required where lateral loads (i.e., wind events) versus horizontal loads (i.e., ice and snow events) are expected. 

In addition to a dock’s structural design, regular maintenance or the lack thereof also plays a role in how much damage a dock may sustain from a storm event. As dock systems are constantly in motion and exposed to the elements, components often fatigue and fail over time. Such failures may not always be observable from above water. For example, on older docks it is not uncommon for underwater trusses to become detached over time. Also, cable moorings can deteriorate over time. If the cables are not routinely inspected and replaced, the mooring may fail in a significant wind event.

Figure 4 Potentially Compromised Cable

Prior damages that have not been correctly or completely repaired can also leave a dock susceptible to additional damage from a new storm event. Damages, especially those that are not viewed as a complete failure may appear minor and not be repaired; however, these damages can compromise the structural integrity of the system. Dock systems are designed such that all the components work in unison. If one component is not functioning correctly, an increased risk exists that during a storm event added stress will be placed on the remaining components, which can lead to further component failures. 

Figure 5 Older Unrepaired Damaged Underwater Truss

In conclusion, to accurately underwrite marinas, individual assessments of all dock systems – both above water and underwater - should be performed to identify potential design, maintenance or prior uncorrected damages that could contribute to the severity of any damages the system may sustain in a new storm event.

Code Upgrades

Marina owners should look at purchasing insurance to cover code upgrades if components within the marina are no longer compliant with current code. Code requirements vary greatly by jurisdictions, but the most common areas that may be subject to code upgrade requirements are listed below.

1. Floatation – Exposed Styrofoam has been used as floatation. Most current codes require the use of encapsulated floatation.
2. Electrical – Article 555 of the National Electric Code has been adopted in most jurisdictions. Required electrical upgrades typically include UL listed marine transformers and junction box enclosures. Upland supplies could also be impacted if they are not designed to handle the needs of the newer systems.
3. Wind and Weight Loads – Local building codes should be consulted to determine current wind and weight load requirements.
4. Sewage Pumpout – Boats are generally prohibited from pumping untreated sewage waste directly into the water. As part of the program, marinas may be required to have pumpout stations available for boaters based on slip numbers and boat sizes. 
5. Fire Suppression – Building codes may require the installation of fire suppression systems which typically allow high volume water to be pumped to the docks.

Marina Dock Age Article

Insurance Coverage: Don't Learn the Hard Way

Developing a Damage Inspection Protocol

Upon notification of damages to a marina, no matter how large or small, a protocol should be developed to ensure that a complete assessment can be performed in an efficient manner. The goal is to quickly gather accurate detailed information to facilitate a timely resolution of the claim. The following is an outline of an example methodology to assess damages and to develop repair recommendations:

1.    Preliminary Inspection. An initial visual inspection of the facility is performed to ascertain the basic type of damage and to determine factors that contributed to damage including factors that could have potential subrogation implications. The initial inspection is generally more of an overview, but should be detailed enough to identify any potentially dangerous issues which need to be addressed immediately (such as identifying electrical components that may present a shock or fire hazard). Obvious total loss items are identified so the insurer can move forward quickly to address those portions of the claim. The Preliminary Inspection is also necessary to develop a strategy as to how best to perform any subsequent inspections (such as ruling out areas that will not need further inspection or determining if an underwater inspection is warranted.) 

2.    Background Research. Contemporaneous with the Preliminary Inspection, available information about the existing structures (such as dock manufacturer specifications) and the event that caused damages (such as wind directions) is obtained and reviewed. 

3.    Preliminary Report of Findings. The information obtained during the Preliminary Inspection and from the background research is summarized and presented in a Preliminary Report of Findings, which also includes initial estimated repair and replacement costs.

4.    Detailed Inspection. Based on the information gathered, a methodology is developed to perform a more detailed inspection of damaged structures for the purpose of documenting all damage, developing plans and specifications for repairs, and determining related repair cost values. At this stage, it is important to differentiate damages arising from the claimed event from older damages.

• Features of the dock systems are evaluated for the extent of structural damage:
  • Underwater Truss System
  • Flotation, Dock Frame and Decking
  • Superstructure
  • Roof Sheathing
  • Pilings/Anchorage and Mooring Systems
• Detailed inspections of the facilities will also include an evaluation of damages to utility systems, including electrical components, plumbing, and any other mechanical components, and for damaged items, the components will be reviewed for compliance with current code requirements.
• The inspection may include an underwater dive inspection geared to the specific project needs, to identify areas of damage, existing condition-previous damage verses new, and/or identification of specific damage for development of repair or replacement scope.

5.    Report of Findings. The information obtained during the Detailed Inspection is summarized and presented in the Report of Findings, which will generally include details on:

• Scope of repairs of damaged components and identification of replacements for any total loss areas
• Repair methodologies
• Cost valuations
• Code upgrade and compliance requirements, and
• Demolition, debris removal, identification of components suitable for reuse and repairs, and salvage values

With the Report of Findings, sufficient information should be available to allow repairs to be made. Upon the completion of the Report of Findings, additional follow-up items will need to be addressed to continue moving the claim towards resolution, including developing construction/project timelines, reviewing bids, evaluating potential business interruption, reviewing completed work, etc.

Dive Inspections

Divers are often used to inspect and repair underwater structures and components as part of routine maintenance programs, but can also be instrumental when investigating damage or defect claims. If a claim involves property with underwater components, such as a marina, pier or wharf, a dive inspection will often be needed; however, the adjuster or investigator should look to tailor the inspection to address claim specific issues. Following a brief introduction regarding the dive inspection process, several examples of tailored dive inspection protocols are discussed.

A basic dive inspection can be conducted by a certified diver with scuba equipment. The diver should document the damages via photo or video. The ability to document with a scuba type investigation may be limited; therefore, it may be beneficial to have the inspection conducted by a certified commercial diver equipped with a hard helmet attached to a surface supplied air system. The primary advantage is that the hard helmet can be equipped with a two-way intercom and head-mounted camera which provides the ability to transmit video and communicate in real time during the inspection. The video of the inspection with audio explanation from the diver, can be saved for later review and analysis. 

The commercial diver may be accompanied by a dive assistant (who may also be a backup certified commercial diver) and a dive operator. The dive assistant and dive operator remain above water and manage the dive systems. The dive operator provides direction and orientation to the diver, and can record the video on demand. The dive assistant manages the diver's umbilical, ensuring that the line always has the optimal amount of slack and to prevent fouling. It may also be helpful to have personnel that are familiar with the design of the underwater components and the damages to provide direction to the diver through the diver operator.

1. Identify Damaged Components

In claims that involve non-localized damage (such as damages caused by a storm event), an inspection of all underwater components may be appropriate. In instances of localized damages (such as damages caused by an impact or accident), the inspection may be limited to the impacted area. To identify the damages, the diver will typically visually inspect all underwater components and spot check by hand structural integrity. The diver should be familiar with the underwater components and structure to avoid any confusion as to what items are being inspected.

2. Identify Damage Not Obvious from Above Water Inspection

Damage events can cause uneven stresses on marine structures. Such that, above water components may sometimes be undamaged or minimally damaged, while the underwater components may take the majority of the damaging force. Where there is minimal local damage, but above water structures appear to be out-of-square, an underwater dive inspection would be helpful to determine the impact on below water structures. Also, underwater components can often be viewed from above the water; however, the view of some components is often blocked. In those cases, an underwater inspection may be limited to areas that cannot be viewed from above the water.

3. Define Scope of Repairs

The dive inspection can be used for more than merely identifying damaged components, but also for developing the scope of repairs. In order to develop the scope of repairs, the diver will need an understanding of potential repair methods and likely engage in hands-on testing of structure. For example, in the case of bent support structure, the diver may test the structure so that it can be determined if the damages can be repaired by merely replacing the bent support member, or if additional attached components will also need to be replaced to ensure structural integrity.

4. Differentiate New Damage from Old Damage

In claims that involve older underwater structures and components, it is common to see damages that pre-date the claim event; therefore, it may be helpful for the dive inspection to focus on obtaining information to differentiate older damage from more recent damage. More recent breaks and bends in underwater metal structures may be observed as bright and shiny versus older damages that may appear dull, corroded and covered with debris. 

5. Review Construction and Installation Methods

In claims involving damages or defects, a dive inspection can be tailored to document construction and installation methods. Instead of limiting the focus on the damages, the diver will document the components used in the structure and how the components were assembled. The as-built structure can then be compared to blueprints and manufacturer’s specifications. As another example, moorings can be checked to determine if the anchor locations meet design specifications. The information may have subrogation implications or relevant to the defense or prosecution of a construction defect.

6. Recent Example Inspection

Several docks in a marina were damaged by a storm event. Due to the age of some of the docks, damages were also observed that pre-dated the storm event. The above-water components were inspected to identify components damaged by the storm event, and a scope of repairs was prepared base on the identified damages. A dive inspection was then conducted which was tailored to focus on the areas identified as being damaged from the above-water inspection (other areas were spot checked), to distinguish old damage from new damage, and verify the developed scope of repairs.

CONCLUSION

Dive inspections can be a valuable tool, especially when tailored to meet claim specific issues. It is helpful to review the inspection protocol and the purpose of the dive with the diver and his team before being on-site to ensure they are properly equipped. In addition to inspections, divers can also be used to recover detached components and to make repairs (such as temporary repairs needed to address immediate dangerous conditions).  

Preparing for Mediation

Mediation provides an opportunity for disagreeing parties to resolve their dispute. The mediator facilitates the discussion and acts as a middleman to assist in the negotiations, but cannot dictate the terms of any resolution. To increase the chances of reaching a resolution, the parties should prepare prior to the mediation.

1. Research the Mediator. Even if the parties select the mediator, it is important to understand the mediator’s background. Even though the mediator only facilitates the discussion, the mediator will impact what and how issues are discussed, which can affect the ultimate resolution. The mediator may be excellent at dispute resolution, but may lack technical expertise in the area of dispute. In this case, it may be beneficial to bring an expert to assist with explaining the issues.
2. Support the Facts. It is helpful to identify the most important points that support your position. If there are questions about payments, make sure to gather copies of all payment records and review them before the mediation. If the dispute involves damaged property, put together pictures and/or videos of the damages and bring estimates of repair costs. The point is to understand your position and have the necessary “evidence” to support your statements.
3. Understand the Opposition. View the dispute through the eyes of the opposition and try to determine what they want to accomplish. Does the opposition understand the same key issues? Also, it is beneficial to know if issues that are unrelated to the dispute will be relevant to reaching a resolution. For example, the opposition could be in a hurry to resolve the dispute to make sure another deal is consummated. Alternatively, the opposition may be in no hurry to reach a resolution because taxes dictate the need to delay the financial impact.
4. Identify Resolutions. Reaching an agreement where someone pays money is often the resolution, but an exchange of other items, such as services, can also be important to reaching a resolution. Also, specific points that can be resolved should be identified, so that even if the entire dispute is not resolved, at least the dispute is narrower.
5. Develop Alternative Strategies. Based on information gathered, it is helpful to identify several resolution scenarios that would be acceptable and possible strategies to reach those resolutions. For example, where there are multiple parties to the mediation, it could be beneficial to align with similarly situated parties to gain leverage. However, the most important strategy is to remember to remain open minded.