Detailed Discussion
Buildings, including contents such as furnishings and interior systems such as electrical work, are eligible for repair or replacement under the Public Assistance Program. In addition to contents, FEMA will pay for the replacement of pre-disaster quantities of consumable supplies and inventory. FEMA will also pay for the replacement of library books and publications. Removal of mud, silt, or other accumulated debris is eligible, along with any cleaning and painting necessary to restore the building.
If an insurance policy applies to a facility, FEMA will deduct from eligible costs the amount of insurance proceeds, actual or anticipated, before providing funds for restoration of the facility (see Insurance). In a flood disaster, FEMA will reduce public assistance grants by the maximum amount of insurance proceeds an applicant would receive for an insurable building located in an identified floodplain that is not covered by Federal flood insurance. The owners of insurable buildings can expedite the grant process by providing FEMA with policy and settlement information as soon as possible after a disaster occurs.
FEMA may pay for upgrades that are required by certain codes and standards (see Codes and Standards). Examples include roof bracing installed following a hurricane, seismic upgrades to mitigate damage from earthquakes (see Seismic Safety), and upgrades to meet standards regarding use by the disabled (see Americans with Disabilities Act (ADA). For repairs, upgrades are limited to damaged elements only. If a structure must be replaced, the new facility must comply with all applicable codes and standards regardless of the level of FEMA funding.
If a damaged building must be replaced, FEMA has the authority to pay for a building with the same capacity as the original structure. However, if the standard for space per occupant has changed since the original structure was built, FEMA may pay for an increase in size to comply with that standard while maintaining the same occupant capacity. The increase in space or other upgrades cannot be based only on design practices for an industry or profession; it must be mandated by a written code or statute of a Federal, State or local agency (see also Categories of Work).
References: Section 102(9) and (10) of the Stafford Act 44 CFR §206.221(e) and (h) and §206.226
American with Disabilities Act (ADA) Access Requirements, FEMA Policy 9525.5, dated October 26, 2000
Seismic Safety – New Construction, FEMA Policy 9527.1, dated November 21, 2007
Public Assistance Guide, FEMA 322, pages 66, 83-85