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Second Appeal Brief
PA ID# 041-085F7-00; Onalaska School District #300
PW ID# 746; Ineligible Damage
Citation: FEMA-1361-DR-WA; Onalaska School District #300; PW 746
Cross-reference: Ineligible Damage, Insurance
Summary: On February 28, 2001, the Nisqually Earthquake damaged the Onalaska High School. The PW notes the repair and replacement of 16 wood trusses supporting a second floor weight room. On June 26, 2001, a preliminary PW identified the damages as pre-existing and ineligible. Prior to the submission of the PW, the Onalaska School Districts insurance company determined that 40% of the damages resulted from the earthquake, and issued a settlement for $27,225.08. On July 17, 2001, PW 746 was submitted without funding for the trusses. The District appealed on March 25, 2002, citing that FEMAs determination of negligence or deferred maintenance was in error. The State wrote on May 22, 2002, that FEMAs inspection of the trusses was insufficient to determine the actual cause of damage, and that both the work and facility met eligibility requirements under 44 CFR §206.223. The State concluded that the earthquake caused 80% of the damage, lengthening and widening pre-existing cracks caused by use of the above space as a weight room. On November 6, 2002, FEMA denied the first appeal stating that the District had not shown that the earthquake caused the damage, and that no evidence of additional work or hidden damage had been shown. The District filed a second appeal on January 14, 2003. No additional evidence was provided with the appeal package.
Issues: (1) Was the damage covered by insurance? (2) Is the applicant eligible for any reimbursement?
Findings: (1) Yes. (2) Yes, because the earthquake caused some portion of damage, the School District is eligible for the insurance deductible.
Rationale: 44 CFR §206.223 (e), General work eligibility. 44 CFR § 206.253 (a), Insurance requirements for facilities damaged by disasters other than flood.