To be eligible for PA grant funding, an item of work must be required as a direct result of the disaster. It is the Applicant’s responsibility to demonstrate that the damage claimed is disaster-related. FEMA may not provide assistance if an applicant’s negligence causes damages, such as when an applicant fails to take prudent measures to protect a facility from further damage. Certain work, such as the repair of the initial water damage, mold remediation, and necessary abatement due to contamination, were the direct result of the disaster. However, in the aftermath of the disaster, the Applicant failed to take prudent measures to prevent continued water intrusion into the Facility and to stop the spread of mold contamination, despite recommendations to that effect from its contractor. FEMA may reimburse upgrade costs associated with the repair or replacement of disaster damaged elements, if the upgrades are required by applicable codes, standards, or specifications. Here, the Applicant cited to general code authorities, but did not explain or detail what specific code section(s) apply to specific items of work.

There are no compelling grounds to reverse the RA’s decision. FEMA affirms total project costs (pre-insurance deductions) in the amount of $1,552,869.36. Since this amount is less than 50 percent of the replacement value, the Applicant’s request for replacement costs is denied.

and Second Appeals