Direct Result of Disaster – Scope of Work – Codes and Standards

Disaster Causation

HEADNOTES

CONCLUSION

During the incident period of February 5-6, 2008, severe storms, tornadoes, straight-line winds, and flooding caused severe damage to several areas within the State of Tennessee. Tornadoes caused substantial damage to the Wynnewood State Historic Site (Site), located in Castalian Springs. FEMA prepared multiple Project Worksheets to account for Public Assistance (PA) funding to address repair and replacement work to some of the structures located at the Site. FEMA denied additional costs for work to repair hidden damages and building code upgrades, and the Applicant filed a first appeal. The Region IV Regional Administrator determined that (1) the applicant’s request for a change in the SOW was untimely and inadequate, and (2) the codes and standards upgrades for various PWs did not comply with federal regulation. The Applicant submitted a second appeal for reimbursement of costs, asserting they were required by mandatory building code upgrades. Authorities and Second Appeals Stafford Act § 406(e)(1). 44 C.F.R. §§ 13.30(d), 206.223(a)(1)-(3), 206.226(d) and (f)(3). PA Guide, at 30, 113, 139-140. Palisades Medical Center, FEMA-4086-DR-NJ, at 4 (Mar. 10, 2017) Town of Stillwater, FEMA-4020-DR-NY, at 4-5 (Oct. 23, 2015) City of Sweetwater, FEMA-1345-DR-FL, at 3 (Aug. 15, 2017). The Opportunity Center, FEMA-1539-DR-FL, at 6 (Dec. 22, 2016). Lockwood Irrigation District, FEMA-1996-DR-MT, at 2 (Jan. 16, 2014). Headnotes 44 C.F.R. § 206.223(a)(1) requires that work must be required as a result of a disaster. 44 C.F.R. §206.226 states, eligible facilities must be restored to the design, function, and capacity that existed immediately prior to the disaster. The Applicant did not demonstrate that the repairs made to the structures were not present prior to the disaster. 44 C.F.R. § 206.226(d) states, any costs associated with work that changes the predisaster construction of a facility may be eligible as codes or standards The Applicant has not established the additional work was the result of code-mandated improvements. 44 C.F.R. § 13.30(d)(1), grantees or subgrantees must obtain the prior approval of the awarding agency whenever any revision of the scope or objectives of a project is anticipated. The Applicant failed to obtain the prior approval from FEMA before changing the SOW of the PWs.

AUTHORITIES

Direct Result of Disaster – Scope of Work – Codes and Standards