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Second Appeal Brief
PA ID# 041-23168-00; Town of Fairfax
PW ID# 2121 & 2122; ADA Upgrades to City Hall and Police Department
Town of Fairfax, FEMA-1628-DR-CA, Project Worksheets 2121 and 2122
Americans with Disabilities Act (ADA)
As a result of severe rainstorms, floodwater seeped into the Town Hall and Police Department of the Town of Fairfax (Applicant). FEMA prepared and obligated PWs 2121 and 2122 for $97,664 on May 24, 2006. The Applicant requested $30,222 of additional funding for ADA accessibility upgrades that it claimed were triggered under the California Building Code. FEMA denied this request on August 21, 2006.
The Applicant filed a first appeal on October 16, 2006, which was transmitted to FEMA Region IX by the California Office of Emergency Services (OES). OES did not support the Applicant’s appeal. In its appeal the Applicant argued that the California Building Code mandated ADA accessibility upgrades as a result of the facility repairs. In addition, the Applicant argued that the repair work constituted an “alteration” under ADA regulations, and that changing the building from an “unusable” to a “usable” status would, under ADA regulations, require the accessibility upgrades.
On February 6, 2007, FEMA Region IX denied the Applicant’s first appeal based on Recovery Policy 9525.5, Americans with Disabilities Act (ADA)
which distinguishes between ADA relevant repairs, which may trigger ADA upgrades that are eligible for FEMA assistance, and repairs which may trigger ADA upgrades but which are not eligible for FEMA funding. Region IX’s appeal response determined that the repairs in PWs 2121 and 2122 were non-structural in nature and, therefore, did not meet the criteria in Policy 9525.5 even though they may have triggered ADA upgrades. The Applicant filed a second appeal on
April 6, 2007
Are the ADA accessibility upgrades triggered by the repairs on PWs 2121 and 2122 eligible for Public Assistance Funding?
FEMA Recovery Policy 9525.5, Americans with Disabilities Act (ADA) Access Requirements