FEMA may reimburse the cost of upgrades required by codes and standards that change the predisaster construction of a facility only if the code or standards meets criteria including that it applies to the type of repair or restoration required and is reasonable. Here the Applicant has not substantiated that the code or standard upgrade under Kentucky Revised Statutes § 441.420 to increase bed capacity and square footage applies to the type of restoration required for the predisaster Facility or is reasonable.

FEMA finds the Applicant has not demonstrated that its request for increased capacity and associated increased square footage is eligible for PA funding as a codes and standards upgrade.

Stafford Act § 406(a)(e). 2 C.F.R. § 200.404. 44 C.F.R. §§ 206.201(i), 206.206(a), 206.223(a)(1),206.226(d). PAPPG, at 40, 63, 145-148, 160, 161, 163-164. City of New York – Mgmt. and Budget, FEMA-4567-DR-NY, at 2.