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Second Appeal Letter
PA ID# 005-UZDRQ-00; West Ascension Recreation Services Commission
PW ID# Project Worksheet 3675; Donaldsonville Park Pavillion Roof
August 8, 2008
Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
7667 Independence Boulevard
Baton Rouge, LA 70806
Re: Second AppealWest 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 Securitys Federal Emergency Management Agencys (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 PWs 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 roofs 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 Applicants 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 Donaldsonvilles 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 Applicants second appeal and have determined that the Regional Directors 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.
Carlos J. Castillo
Disaster Assistance Directorate
cc: William Peterson
FEMA Region VI