Appeal Summary | Appeal Letter | Back
Second Appeal Letter
PA ID# 245-58940-00; City of Port Neches
DSR ID# xxx-xxxxx; Building Inspections
August 12, 2008
Alternate State Coordinating Officer
Division of Emergency Management
5425 Polk Street
Mail Slot O
Houston, TX 77023-1423
Re: Second Appeal–City of Port Neches, PA ID 245-58940-00, Building Inspections,
Dear Mr. Anders:
This letter is in response to your letter dated May 19, 2008, which transmitted the referenced second appeal on behalf of the City of Port Neches (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of contract costs for building inspections.
As part of its recovery actions following the landfall of Hurricane Rita, on September 24, 2005, the Applicant enlisted contractors to perform building inspections of residential and commercial properties. The contractors conducted 1,100 inspections from October 13, 2005, through
January 6, 2006, at a cost of $65,400. FEMA determined that these costs were ineligible for reimbursement.
The Applicant argued in its first appeal, submitted June 7, 2006, that it was necessary to hire contractors because it employs only one building inspector. The Applicant argued that it could not meet the demands for inspections following the disaster using force account labor. The Applicant also stated that the use of contractors was necessary to protect public health and safety. Pursuant to Response and Recovery Directorate Policy 9523.2, Eligibility of Building Inspections in a Post-Disaster Environment, hiring additional building inspectors may be eligible if an immediate threat to life, public health, or public safety exists. The Regional Director determined that an immediate threat did not exist and denied the appeal on August 10, 2006.
The Applicant submitted its second appeal on March 20, 2008. The Applicant maintained that it was necessary to hire contractors to protect public health and safety. However, the contractors began working 19 days following the hurricane’s landfall and continued to work for 12 weeks. An immediate threat was not present. In addition, the Applicant submitted its second appeal 17 months after the regulatory deadline established by 44 CFR §206.206(c).
I have reviewed the information submitted with the appeal and have determined the Regional Director’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Therefore, the Applicant’s second appeal is denied.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: William Peterson
FEMA Region VI