Pursuant to 44 C.F.R. § 206.226(d), FEMA may reimburse costs of federal, state, and local repair or replacement codes or standards, if the codes or standards (1) apply to the type of repair or restoration required; (2) are appropriate to the predisaster use of the facility; (3) are found reasonable, in writing, and formally adopted and implemented by the state or local government on or before the disaster declaration date or are a federal requirement applicable to the type of restoration; (4) apply uniformly to all similar types of facilities within the jurisdiction of owner of the facility and; (5) were enforced during the time standards were in effect.All five prongs must be met in order to be eligible. The TDEC Design Criteria do not meet the “formally adopted” or “uniformly applied” prongs of 44 C.F.R. § 206.226(d).As such, the Design Criteria are not acceptable standards and upgrades completed in accordance with them are not eligible for PA reimbursement

: The TDEC Design Criteria do not meet the criteria of codes and standards eligible for funding under the Public Assistance (PA) program. As such, the upgrades performed to comply with it are not eligible work.

Stafford Act § 406. 44 C.F.R. §§ 206.226(d) and 206.221(i) DAP 9527.4, Construction Codes and Standards. DAP 9526.1, Hazard Mitigation Under Section 406 (Stafford Act). PA Guide, at 33-35, 79, 83 FEMA Second Appeal Analysis, City of Gulfport, FEMA-1604-DR-MS, at 3.