FEMA may fund costs associated with upgrades to facilities because of mandatory code and standard requirements if the code meets all five criteria in 44 C.F.R. 206.226(d).The code contains a variance; but only for instances in which the circumstances would create an undue hardship and make construction not feasible. Therefore; the variance does not make adherence to the code discretionary and the code applies uniformly to all similar types of facilities in the jurisdiction.

Pulaski Cty.; FEMA-4144-DR-MO (Aug. 7; 2017); Clarksville Gas and Water; FEMA-1909-DR-TN (Dec. 30; 2015); Cuyahoga Cty. Dep’t of Pub. Works; FEMA-4098-DR-OH (Jun. 27; 2017); City of Gulfport; FEMA-1604-DR-MS; (Sep. 25; 2012).HeadnotesFEMA may fund costs associated with upgrades to facilities because of mandatory code and standard requirements if the code meets all five criteria in 44 C.F.R. § 206.226(d).The code contains a variance; but only for instances in which the circumstances would create an undue hardship and make construction not feasible. Therefore; the variance does not make adherence to the code discretionary and the code applies uniformly to all similar types of facilities in the jurisdiction.Conclusion