Donaldsonville Park Pavillion Roof

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1603-DR
ApplicantWest Ascension Recreation Services Commission
Appeal TypeSecond
PA ID#005-UZDRQ-00
PW ID#Project Worksheet 3675
Date Signed2008-08-06T04:00:00
Citation:- FEMA-1603-DR-LA, West Ascension Recreation Services Commission, Donaldsonville Park Pavillion Roof, Project Worksheet 3675
Summary: The West Ascension Recreation Services Commission (Applicant) disagreed with the scope of work that FEMA prepared for PW 3675 to repair damage to 10,000 square feet (SF) of the 30,000-SF Donaldsonville Park Pavilion roof. FEMA determined that only three percent of the roof was damaged by hurricane force winds during Hurricane Katrina and obligated $57,410 for the roof’s repair. The Applicant contended that the facility was compromised structurally, and that the entire roof must be replaced. Following a site inspection, FEMA determined that the damage did not warrant replacement of the roof.

In its second appeal, submitted September 27, 2007, the Applicant maintained that the roof should be replaced rather than repaired. The Applicant also stated that repairing the roof in the manner proscribed in PW 3675 would not comply with the 2006 “basic wind speed” requirements of the 2006 International Building Code (IBC). However, this code was not adopted prior to the declared disaster.

Issues: Does the Park Pavilion roof qualify for replacement?

Findings: No

Rationale: Section 406(e) of the Stafford Act and 44 CFR §206.226(d)

Appeal Letter

August 8, 2008

Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
7667 Independence Boulevard
Baton Rouge, LA 70806

Re: Second Appeal–West Ascension Recreation Services Commission, PA ID 005-UZDRQ-00,
Donaldsonville Park Pavilion Roof, FEMA-1603-DR-LA, Project Worksheet (PW) 3675

Dear Colonel Kirkpatrick:

This letter is in response to your letter dated November 14, 2007, which transmitted the referenced second appeal on behalf of the West Ascension Recreation Services Commission (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding to replace the roof of the Donaldsonville Park Pavilion which sustained damage during Hurricane Katrina.

FEMA prepared PW 3675 to repair damage to 10,000 square feet (SF) of the 30,000-SF twin peak metal roof and obligated $57,410 on April 11, 2006. The Applicant disagreed with the PW’s scope of work and requested that FEMA meet with its contractor, Excellent Exteriors, to conduct a joint inspection of the facility. On April 12, 2006, a site visit was conducted and the FEMA Project Officer prepared a Roof Inspection and Damage Assessment (RIDA) report to document his findings. The report concluded that less than three percent of the roof’s panels were blown from their attachment locations by hurricane force winds and the damage did not warrant a full replacement of the roof.

The Applicant submitted its first appeal on June 27, 2006. The Applicant contended that 49 percent of the roof sustained damage. The Applicant also stated that the roof is more than 40 years old and replacement parts are not readily available for purchase. FEMA determined that the roof was not compromised structurally by the hurricane force winds. FEMA also noted that the RIDA report found that the majority of the roof panels remain in the same location that they have been in since they were installed, based on rust staining. Subsequently, the Regional Director denied the Applicant’s appeal on March 16, 2007.

In its second appeal, submitted September 27, 2007, the Applicant maintained that the roof should be replaced rather than repaired. The Applicant also stated that repairing the roof in the manner proscribed in PW 3675 was inadequate and would not comply with the 2006 “basic wind speed” requirements of the 2006 International Building Code (IBC). The Applicant included a letter dated September 26, 2007, from the City of Donaldsonville’s Code Enforcement Officer,

which states that the City will not issue a building permit unless the needs of the entire roof are addressed and the repairs adhere to the 2006 IBC. FEMA will fund the repair of disaster damage in accordance with adopted codes and standards that are in effect at the time of the disaster. FEMA will not fund the repair of disaster damage to meet performance standards for new construction unless specifically required by the code. The Applicant has not supplied sufficient documentation to support its contention that the roof was damaged beyond repair by the disaster, or that adopted codes required replacing the roof based on the level of disaster damage.

I have reviewed all information submitted with the Applicant’s second appeal and have determined that the Regional Director’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Therefore, the appeal is denied.

Please inform the Applicant of my decision. This determination constitutes the final decision of this matter pursuant to 44 CFR §206.206.
Sincerely,
/s/

Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: William Peterson
Regional Administrator
FEMA Region VI
Last updated