Facility Restorations

Pre-Disaster Design, Function, and Capacity

Detailed Discussion

The costs of restoring damaged facilities  are eligible for public assistance funding, but only on the basis of the  facility’s Pre-Disaster Design, Function, and  Capacity.
   Pre-disaster design is defined as the size and  capacity of a facility as it existed immediately prior to the disaster. There  are two restrictions to restoration based on the pre-disaster design:
   1. If a facility was  being used for lesser purposes than those for which it was designed,  restoration will only be eligible to the extent necessary to restore the  immediate pre-disaster use or the pre-disaster design, whichever costs  less.
   2. If a facility was  inactive at the time of the disaster (see Inactive  Facilities), restoration will not be eligible  except in those instances:
   »   Where the facility was only temporarily inoperative for repairs  or remodeling
   »   Where the facility was unoccupied for a short time between  tenants
   »   Active use by the applicant was firmly established in an  approved budget
   »   Where the owner can clearly demonstrate to FEMA that there was  an intent to begin use within a reasonable time
   Cost-effective hazard mitigation projects may  alter the pre-disaster design of a facility but may be included in the  repair, if approved by FEMA (see Codes and  Standards).
   Pre-disaster function means the function the  facility was performing immediately prior to the disaster. For example, if a  school gymnasium was damaged in an earthquake and the school district  proposes to convert the space into an office complex, only the repairs to  return the building to its use as a gymnasium would be eligible. The  conversion to office space could be proposed as an alternate project (see Alternate Projects).
   The restored facility must operate at the  capacity available before the disaster. For example, if a school with a  capacity of 100 students is damaged beyond repair, the eligible replacement  facility must be designed for no more than 100 students. A larger facility  with greater capacity could be proposed as an improved project (see Improved Projects).
   References:   Section 406(e) of the Stafford Act
   44 CFR §206.201(h) and §206.226(k)(1) and  (2)
   Public Assistance Guide, FEMA 322, pages 27, 34,  36, 79, 83, 110, 125


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