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College Gymnasium Light Fixtures

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1008-DR
ApplicantSanta Monica Community College District
Appeal TypeSecond
PA ID#037-91121
PW ID#87565
Date Signed2001-10-10T04:00:00
Citation: FEMA-1008-DR-CA; Santa Monica Community College District, P.A. ID 037-91121

Cross-reference: Timelines, deadlines, late identification of damages

Summary: The Santa Monica Community College District's (District's) gymnasium sustained damage as a result of the Northridge earthquake. On March 31, 1995, a federal/State inspection team visited the gym. FEMA approved supplemental DSR 87565 for $246,047 for completed emergency repairs and estimated permanent repairs to the gym. Eighteen months later, the District requested that FEMA inspect damage to the gymnasium lights on December 13, 1996. Eight months later, on August 25, 1997, the District requested that FEMA prepare a supplemental DSR for the cost of replacing four gym light fixtures and installing safety cables on 89 light fixtures. FEMA inspected the light fixtures but did not prepare a DSR for these costs. At final inspection on October 29, 1999, FEMA prepared supplemental DSR 91912 for $115,489 to reimburse cost overruns on seven DSRs. The District submitted an appeal of DSR 87565 on March 27, 2000, requesting FEMA prepare a DSR for $8,382 for replacement of four light fixtures and installation of safety cables. On January 9, 2001, the FEMA Region IX Director denied the District's request because the District did not notify FEMA of the damage prior to the June 30, 1995, deadline for reporting earthquake damages. In a March 19, 2001, second appeal letter, the District stated that the damage to the four fixtures was hidden damage that could not be assessed because the light fixtures were 40 feet above the gym floor.

Issues: Has the District demonstrated that these damages were hidden and are exempt from the June 30, 1995, deadline?

Findings: No. The District stated in the first appeal that the light fixtures broke away from their supports and fell to the floor. FEMA cannot consider these damages as newly discovered.

Rationale: 44 CFR 206.202 (d) (1)

Appeal Letter

October 10, 2001

Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
75 North Fair Oaks Avenue, East Annex, 4th Floor
Pasadena, California 91103

Re: Second Appeal: Santa Monica Community College District,P.A. ID 037-91121, DSR 87565, College Gymnasium Light Fixtures,FEMA-1008-DR-CA

Dear Mr. Christian:

This is in response to your May 14, 2001, letter forwarding the referenced second appeal from the Santa Monica Community College District (District), dated March 19, 2001. The District is requesting that the Federal Emergency Management Agency (FEMA) prepare a supplemental Damage Survey Report (DSR) for $8,382 to reimburse costs associated with the replacement of four damaged gymnasium light fixtures and the installation of safety cables for 89 gymnasium light fixtures as a hazard mitigation measure.

On March 16, 1994, a team comprised of a FEMA, State and local representative inspected the earthquake damage to the District's gymnasium. FEMA approved DSR 99528 on April 16, 1994, for $13,582 for the cost of performing a structural evaluation of the facility. A second inspection team visited the gym on March 31, 1995. Based on the team's findings, FEMA approved supplemental DSR 87565 for $246,047 for completed emergency repairs and estimated permanent repairs to the gym. Eighteen months later, at the District's request, FEMA inspected the gymnasium's light fixtures on December 13, 1996. On August 25, 1997, the District requested that FEMA prepare a supplemental DSR for the cost of replacing four gym light fixtures and installing safety cables on 89 light fixtures. FEMA did not prepare a DSR for these costs. At final inspection on October 29, 1999, FEMA prepared supplemental DSR 91912 for $115,489 to reimburse cost overruns on seven DSRs (which included DSRs 99528 and 87565) which related to the repair of damage to the gymnasium, but did not include the costs associated with gymnasium light fixtures claimed on the District's P.4 report.

The District submitted an appeal of DSRs 99528 and 87565 on March 27, 2000, to California's Office of Emergency Service (OES) requesting FEMA prepare a DSR for $33,635. This amount represented $25,252 for architectural and engineering costs FEMA had deducted from DSR 99528 and $8,382 for replacement of the four fixtures and installation of safety cables. In the appeal letter, the District stated that the hazard mitigation should be eligible because "[v]arying degrees of damage occurred, four lights broke free of the steel arms from which they hung and fell to the ground, others sheared the lightweight cables, some had detached metal reflecting dishes."

OES forwarded the first appeal to FEMA on May 8, 2000, with a letter stating that OES could not support the District's request because the deadline for submitting an appeal of the referenced DSRs had long since passed. On January 9, 2001, the FEMA Region IX Director approved the A&E costs but denied the District's request for $8,382 for the replacement of the lights and hazard mitigation measures because the District did not notify FEMA of the damage to the lights at the initial inspection and failed to identify the damage prior to the June 30, 1995, deadline for reporting earthquake damages.

OES received the District's second appeal on March 20, 2001, and forwarded it to FEMA on May 14, 2001, with a letter recommending that FEMA uphold its first appeal determination. In the second appeal letter, the District stated that the damage to the light fixtures could not be assessed until repair of the roof and skylights commenced because the light fixtures were 40 feet above the gym floor. The District believes that the damage to the light fixtures represents hidden damage because "[t]his additional damage was discovered during repair of the facility and was previously undetected because the light fixtures were too high to inspect without a commercial lift."

Pursuant to Title 44 Code of Federal Regulations  206.202 (d)(1) "Any damage that is not shown to the inspection team during its initial visit shall be reported in writing to the Regional Director by the Grantee within 60 days after the initial visit. For the Northridge earthquake, FEMA-1008-DR-CA, this time frame was extended and a deadline of June 30, 1995, was established for reporting disaster damages. The District notified FEMA of the damage to the four gymnasium light fixtures on December 13, 1996, nearly one and a half years after this deadline. Applicants are required to report additional damages discovered during repair or previously hidden damages to FEMA as soon as possible after the damages are discovered. In the second appeal, the District claims that these damages were previously undetected and should be considered newly discovered damages; however, this statement is in stark contrast with the first appeal assertion that the "four lights broke free from the steel arms.and fell to the ground." Based on the documentation submitted, I find that the District has not sufficiently demonstrated that these damages were hidden. Accordingly, the damages are subject to the June 30, 1995, deadline.

I am denying this appeal because the applicant did not report the damage within the regulatory timeframe. Please inform the applicant of my determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.

Sincerely,
/S/
Kenneth S. Kasprisin
Assistant Director
Readiness, Response and Recovery Directorate

cc: Karen Armes
Acting Regional Director
FEMA Region IX