Emergency Protective Measures

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

DisasterFEMA-1361-DR
ApplicantCity of Olympia
Appeal TypeSecond
PA ID#067-51300-00
PW ID#934
Date Signed2003-06-26T04:00:00
Citation: Appeal Brief; Two Second Appeals; City of Olympia; PA ID #067-51300-00; FEMA-1361-DR-WA

Cross-reference: PW 934; Versions 1 and 2; Emergency Protective Measures, Emergency Work; Emergency Response; City of Olympia; Fire and Medical; Immediate Threat

Summary: Emergency fire and medical service is normally provided to West Olympia from the Kenyon Street Station, with a second engine company responding from the headquarters station located near downtown Olympia. Following the Nisqually Earthquake, the City established a second fire engine company at the West Olympia Kenyon Station because of the loss of the 4th Avenue Bridge and Deschutes Parkway which reduced the response time for back-up responder support deployed from the headquarters station in East Olympia to West Olympia. The City determined that the augmented level of staffing on the west side of the City was needed to maintain the second responder level of fire protection and emergency medical service within the response times established before the earthquake. The City asserts that staffing the extra engine company and upgrading the paramedic unit conforms to FEMA policy for emergency protective measures and FEMA has allowed similar work to be eligible in the past. The State recommends that the temporary relocation costs of critical fire and medical services should qualify for reimbursement under FEMA Policy 9523.3. The City of Olympia (City) is requesting FEMA Section 403, Essential Assistance, reimbursement subsequent to the February 28, 2001, Nisqually Earthquake. The primary issue of both appeals is whether the secondary fire- and medical-responder units were required to meet immediate threats to life and property resulting from the earthquake.

Issues: 1. Is the overtime labor cost of operating secondary fire and medical response units eligible for funding?
2. Is the cost to upgrade the single paramedic non-transport unit eligible for funding?

Findings: 1. Yes. The City has demonstrated that an immediate threat existed to life, health, safety, or improved public or private property, as a direct result of the declared event.

2. No. The City has not demonstrated that the costs were incurred responding to immediate threats resulting from the earthquake.

Rationale: Section 403(a) of the Stafford Act (42 U.S.C. § 5170b); 44 CFR §206.201(b); §206.225 (a)(3).

Appeal Letter

June 26, 2003

Ms. Donna J. Voss
Deputy State Coordinating Officer
State of Washington Military Department
Emergency Management Division
MS: TA-20, Building 20
Camp Murray, Washington 98430-5122

Re: Two Second Appeals: City of Olympia, PA ID # 067-51300-00, Emergency Protective Measures, FEMA-1361-DR-WA, Project Worksheet 934, Versions 1 and 2

Dear Ms. Voss:

This is in response to your letters dated August 8, 2002 and November 19, 2002, to the Federal Emergency Management Agency (FEMA), which has been incorporated in to the Department of Homeland Security, regarding the two referenced second appeals. The City of Olympia (City) is requesting FEMA Section 403, Essential Assistance, reimbursement subsequent to the February 28, 2001, Nisqually Earthquake, as follows:

1. Second Appeal #1 (PW 934, version 1) – The City requests $236,177 for the overtime labor cost of operating a second fire and medical response unit from March 31, 2001, to July 9, 2001. The State recommends $236,177 for the cost of temporarily relocating critical fire and medical services. FEMA denied funding for this work because the costs were not incurred responding to or eliminating immediate threats resulting from the earthquake.
2.
3. Second Appeal #2 (PW 934, version 2) – The City requests $189,858 for the cost of upgrading the single paramedic non-transport unit from July 9, 2001, to December 31, 2001. The State recommends that FEMA extend six months of temporary relocation assistance (from February 28, 2001, to August 31, 2001) based on the regulatory time limitation for the completion of emergency work, in the amount of $36,400. FEMA denied funding for this work because the fires stations mentioned in the appeals function adequately and were not damaged by the earthquake.
4.
As explained in the enclosed analysis, I have determined that the information submitted with the appeals establish that an immediate threat existed to either public health or public property up to the opening of the temporary 4th Avenue Bridge. We therefore conclude that the $236,177 in costs associated with establishing secondary fire- and medical-response capability is eligible for FEMA funding. However, the $189,858 in upgrade costs of the single paramedic non-transport unit for West Olympia is not eligible for FEMA funding. The total eligible cost for emergency protective measures is $298,697.48. This represents an increase of $236,177 over the currently approved amount. Therefore, the appeal has been partially approved. By copy of this letter, I am requesting the Regional Director to prepare a PW for the amount of $236,177.

Please inform the City of my determination on these two appeals, which constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/S/
Laurence W. Zensinger
Acting Director, Recovery Division
Emergency Preparedness and Response Directorate
Department of Homeland Security

Enclosure

cc: John E. Pennington
Regional Director
Region X

Appeal Analysis

BACKGROUND

Emergency fire and medical service is normally provided to West Olympia from the Kenyon Street Station, with a second engine company responding from the headquarters station located near downtown Olympia. Following the Nisqually Earthquake (FEMA-1361) on February 28, 2001, the City of Olympia (the City) established a second fire engine company at the West Olympia Kenyon Station because of the loss of the 4th Avenue Bridge and Deschutes Parkway, which reduced the response time for back-up support deployed from the headquarters station in East Olympia to West Olympia. The City determined that the augmented level of staffing on the west side of the City was needed to maintain the second responder level of fire protection and emergency medical service that existed prior to the disaster.

Second Appeal #1

On August 1, 2001, FEMA prepared Project Worksheet (PW) #934 (version 1) for $62,520.48 to reimburse the emergency response efforts of the City’s second responders from February 28, 2001, to March 30, 2001, while determining the remaining $236,177 ineligible. The City received PW 934 (version 1) on August 12, 2001, and wrote the State of Washington on October 4, 2001, of its intent to appeal FEMA’s denial.

On November 13, 2001, the City forwarded a letter to the Governor’s Authorized Representative (GAR) appealing FEMA’s determination and requesting consideration of $236,177 in overtime labor costs from March 30 to July 9, 2001, when the temporary 4th Avenue Bridge opened to traffic. The Regional Director denied the appeal in a letter dated May 14, 2002. The basis for the denial was that the costs incurred were for normal Fire Department operations and not for response activities to eliminate immediate threats resulting from the disaster; therefore, the costs were not reimbursable under the major disaster declaration, as required by Section 403, Essential Assistance, of the Stafford Act.

The City submitted a second appeal letter dated July 3, 2002, which was transmitted and supported by the GAR in a letter dated August 8, 2002, for the very same items noted in the first appeal. The appeal states in pertinent part that the continued public threat from fire and medical emergencies was a direct result of the earthquake-related loss of two out of three major city arterials to West Olympia. The primary issue of this appeal is whether the secondary fire and medical responder units were required to eliminate an immediate threat to life and property resulting from the earthquake. The City stated FEMA allowed similar work to be eligible in the past. The State recommends that the relocation costs of critical fire and medical services should qualify for reimbursement under FEMA policy 9523.3, Provision of Temporary Relocation Facilities.

Second Appeal #2

The City had requested $535,000 for the cost of upgrading the single paramedic non-transport unit to a full dual paramedic transport unit from July 9, 2001 (when the temporary 4th Avenue Bridge opened to traffic) to October 1, 2003 (the estimated project opening date of the Deschutes Parkway), a period of 26-¾ months. On January 25, 2002, FEMA obligated PW #934 (version 2) for $0, determining the work ineligible. On February 21, 2002, the State notified the City that PW #934 (version 2) had been determined not eligible for assistance as an emergency protective measure.

On March 29, 2002, the City forwarded a letter to the GAR appealing FEMA’s determination and requesting funding of $189,858 for the cost of upgrading the single paramedic non-transport unit from July 9, 2001, to December 31, 2001. The letter noted that the amount requested had been revised from the original $535,000 estimate, because Thurston County had approved funding for the transporting paramedic unit effective January 1, 2002. The reason cited by the City for the Thurston County’s funding decision is call volume and demand upon the Medic One system (specifically the west-side of the county), which justified the upgrade of the single paramedic, non-transport unit to a full, two paramedic, transport unit. The Regional Director denied the appeal in a letter dated August 8, 2002. The basis for the denial was that the costs incurred were for normal Fire Department operations and not for response activities to eliminate immediate threats resulting from the disaster; therefore, the costs were not reimbursable under the major disaster declaration, as required by Section 403 of the Stafford Act.

The City submitted a second appeal letter dated September 20, 2002, which was transmitted and partially supported by the GAR in a letter dated November 19, 2002, for the very same items noted in the first appeal. The appeal states in pertinent part that the work is emergency work. The primary issue of this appeal is whether the upgrade of the single paramedic non-transport unit was required to meet immediate threats to life and property resulting from the earthquake. The State recommends that the relocation of critical fire and medical services should qualify for reimbursement under Response and Recovery policy 9523.3, Provision of Temporary Relocation Facilities, and recommends $36,400 in funding be approved until August 30, 2001.

DISCUSSION

Consideration for funding the scopes of work for both appeals is provided below.

Immediate Threat

The City asserts that staffing the extra engine company and upgrading the paramedic unit until the temporary 4th Avenue Bridge and the Deschutes Parkway opened to traffic conforms to FEMA policy for emergency protective measures. These activities were undertaken by the community after the disaster to eliminate or reduce immediate threats to life, property, public health or safety.

The City states that their full-time fire department is a fully integrated fire suppression, fire prevention, safety education and emergency medical service. The firefighters are trained to a level that is consistent with national standards for city fire departments, notably, the 2 in/2 out legislation, Chapter 296-305 WAC, Safety Standards. This legislation requires fire agencies to maintain two firefighters outside of a burning structure when a team of two firefighters enters for attack, therefore necessitating the presence of secondary fire and medical responder units, as it existed prior to the earthquake. Additionally, the City has been using National Fire Protection Agency (NFPA) 1710, Standard for Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, which describes a response time of eight minutes to deploy the full force to an incident. The City was unable to maintain the response time standard after the earthquake damaged the two major traffic routes. Further, the two remaining routes were compromised due to increased traffic volumes, which, at times, extended onto surface streets. The loss of the primary routes for fire- and emergency-vehicles from the downtown station to West Olympia seriously affected the City’s ability to conduct fire suppression activities to save property and respond to medical emergencies. This immediate threat, caused directly by the earthquake, required the City to establish and staff new resources in West Olympia that would not have been required if the earthquake had not occurred.

Under the major disaster declaration and from February 28, 2001, to March 30, 2001, FEMA provided assistance for emergency protective measures that were taken in direct support of the response and recovery efforts resulting from the immediate threats caused by the earthquake, such as emergency calls, gas smells, house fires, structural collapses, etc. However, secondary fire- and mdid to eliminate immediate threats resulting from the disaster. From April 1, 2001, to July 9, 2001 (when the temporary 4th Avenue Bridge opened to traffic), the City positioned backup resources so that they were available to respond to emergencies within the response times that existed prior to the earthquake. Therefore, these costs are eligible. Additionally, the City asserts that, “The opening of the temporary bridge allowed the support of the downtown [fire] units for Westside calls in an acceptable manner as was the condition prior to February 28, 2001.” Therefore, the costs for upgrading the single paramedic non-transport unit after July 9, 2001 are not eligible, because pre-earthquake response times were restored when the temporary 4th Avenue Bridge was put in service.

Following Precedent

The City asserts that FEMA has allowed similar work to be eligible in the past, citing the floods of February 1996 (FEMA-1100-DR-WA). During this disaster, King County’s Fire District 44 placed firefighters at the station on weekends because of an unacceptable increase in response time resulting from landslides that closed a number of roads within the county. FEMA prepared Damage Survey Report #84506 for $12,330 to reimburse the overtime labor costs from February 17, 1996, to May 31, 1996.

FEMA’s decision in this case is consistent with the above decision. FEMA approved $62,520.48 to augment the staff and support at the Kenyon Station from February 28, 2001, to March 30, 2001. This allowed time for the City to assess immediate threats that may have been associated with aftershocks.

Temporary Relocation

The State asserts that the work is in agreement with Response and Recovery Policy 9523.3, Provision of Temporary Relocation Facilities, where the basis of eligibility is the need to provide a standard of emergency service while the temporary replacement of the 4th Avenue Bridge was being constructed and the Deschutes Parkway was being reconstructed. The State’s analysis is that the establishment of additional resources in West Olympia was to provide temporary relocation of a service that was disrupted by earthquake damages due to the closure of two primary arterials serving the Kenyon Station in West Olylmpia thereby affecting response times from the main Olympia station. These transportation facility closures necessitated that fire and medical personnel take alternate routes to emergency calls, which significantly increased their response time. The State recommends that FEMA extend six months of temporary relocation assistance (from February 28, 2001, to August 31, 2001) based on the regulatory time limitation for the completion of emergency work (44 CFR §206.204(c)) in the amount of $36,400.

FEMA has previously addressed the State's position in the responses to both first appeals, which accurately states that to qualify for relocation, the facility must be unable to function properly as a result of the disaster. The fire stations mentioned in the appeals function adequately and were not damaged by the earthquake.

CONCLUSION

For the reasons stated above, we find that the information submitted with the appeals establish that an immediate threat existed to either public health or public property up to the opening of the temporary 4th Avenue Bridge. We therefore conclude that the $236,177 in costs associated with establishing secondary fire- and medical-response capability is eligible for FEMA funding. The $189,858 in upgrade costs of the single paramedic non-transport unit for West Olympia is not eligible for FEMA funding. Furthermore, while the earthquake did not damage the fire stations mentioned in the appeal, the City incurred costs responding to or eliminating immediate threats resulting from the earthquake as required under Section 403 of the Stafford Act up to July 9, 2001. Therefore, the appeal is partially approved. The additional eligible amount as a result of this appeal is $236,177. The Regional Director will approve a PW in this amount.
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