Result of Declared Incident
Result of Declared Incident
City of Vallejo
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44 C.F.R. 206.223(a)(1) states an item of work must be required as a result of a major disaster to be eligible for PA funding. The PAPPG adds that an applicant must demonstrate that damage was caused directly by the disaster. FEMA has also clarified in second appeal decisions and subsequent policy that it examines whether a facility predisaster condition was a significant contributing factor in the cause of failure.The record demonstrates preexisting damage and deterioration to the Facility; as well as additional damage that occurred during the incident. However; the Applicant could not explain why the only disaster-related damage was in areas adjacent to those that were already compromised prior to the disaster. The Facility was able to resist impacts from debris in areas where it was intact according to its original design; but it was prone to additional damage when impacted by debris around areas with preexisting damage.The Applicant has not demonstrated that work to repair the Facility was required as a direct result of the disaster. Consequently; all items of work and associated costs are ineligible; and this appeal is denied.

Result of Declared Incident
2021

Headnotes44 C.F.R. § 206.223(a)(1) states an item of work must be required as a result of a major disaster to be eligible for PA funding. The PAPPG adds that an applicant must demonstrate that damage was caused directly by the disaster. FEMA has also clarified in second appeal decisions and subsequent policy that it examines whether a facility’s predisaster condition was a significant contributing factor in the cause of failure.The record demonstrates preexisting damage and deterioration to the Facility; as well as additional damage that occurred during the incident. However; the Applicant could not explain why the only disaster-related damage was in areas adjacent to those that were already compromised prior to the disaster. The Facility was able to resist impacts from debris in areas where it was intact according to its original design; but it was prone to additional damage when impacted by debris around areas with preexisting damage.ConclusionThe Applicant has not demonstrated that work to repair the Facility was required as a direct result of the disaster. Consequently; all items of work and associated costs are ineligible; and this appeal is denied.

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