PA ID# 075-00000; City and County of San Francisco
DSR ID# 03127; San Francisco International Airport
Citation: FEMA-1203-DR-CA; San Francisco International Airport; DSR 03127, Emergency Work
Cross-reference: Emergency Work, Legal Responsibility, Work Under Construction
Summary: Prior to the El Nino disaster, the Applicant was engaged in an airport expansion project (Project). The Project involved the complete reworking of all inbound, outbound, and circulation roadways. Additionally, the Project encompassed the construction of a new International Terminal complex and numerous other facilities. During the El Nino disaster (1997-1998 winter months), the Project was vulnerable to adverse weather. On July 23, 1998, representatives of Federal Emergency Management Agency (FEMA), the Governor's Office of Emergency Services (OES) and the Applicant conducted a field inspection and prepared Damage Survey Report (DSR) 03127 for $0 because the Project was under construction on the date of the major disaster and was not the legal responsibility of the applicant. The Applicant submitted a first appeal asserting that it had legal responsibility for the emergency measures requested. The first appeal was denied because the Regional Director determined that the Applicant did not have the legal responsibility for the facilities under construction. The Applicant submitted a second appeal again asserting that it had legal responsibility for the facilities under construction and that the emergency measures taken were beyond what the contractor was required to perform.
Issues: 1. Did the Applicant have legal responsibility to fund the additional work performed on the Project? 2. Is the additional work eligible under the Stafford Act?
Findings: 1. Yes. The Applicant, may have responsibility to fund the additional work depending upon the agreement with the contractor.2. 3. No. The additional work was undertaken to maintain the construction schedule, not to alleviate an immediate threat.
Rationale: 44 CFR