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Second Appeal Brief
PA ID# 029-UVLQC-00; Erie County Buildings and Grounds
PW ID# 1671; 406 Mitigation
Citation: FEMA-1335-DR-NY; Erie County Building and Grounds
Reference: 406 Mitigation
Summary: As a result of FEMA-1335-DR-NY in 2000, heavy rain damaged interior spaces and a lightening strike damaged certain electronic components of the security monitoring system at the Erie County Correctional Facility (ECCF). Project Worksheet #1671 was prepared, which included $200,868 in repairs and a proposed hazard mitigation project (HMP) for $145,000 to provide protection to electronic systems from future lightening strikes. Region II held the PW pending proof of insurance. The Applicant, however, proceeded with the work. On January 30, 2002, FEMA accepted proof of insurance but denied the HMP since the Applicant had not proven the project was cost-effective.
On May 2, 2002, the Applicant appealed Region IIs denial of the HMP. Lacking sufficient cost justification, Region II denied the first appeal on January 16, 2003. On February 25, 2003, the Applicant filed a second appeal. The central issue for Recovery Division HQ is whether an HMP arising out of damages caused by lightening is eligible for 406 Hazard Mitigation.
The Applicant also claimed that the HMP improvements constituted a building code required by regulations of the New York State Commission on Corrections.
Issues: 1) Is the HMP eligible?
2) Do the improvements in the HMP qualify as codes and standards under FEMAs authorities?
3) Did the Applicant proceed with the work before the project was approved?
Findings: 1) No. The future similar events the HMP is designed to protect against will most likely not reduce future Federal disaster expenditures.
2) No. The codes provided by the Applicant do not meet the eligibility requirements in 44 CFR 206.226(d).
3) Yes. The Applicant proceeded with the work before the project was approved.
Rationale: 44 CFR 206.226(e) and (d)