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Second Appeal Brief
PA ID# 007-19180-00; City of Cranston
PW ID# PW 693; Replacement of Fire Department Protective Gear
Citation: FEMA-1894-DR-RI; City of Cranston; Replacement of Fire Department Protective Gear, PW 693
Reference: Equipment Rates
Summary: The City of Cranston (Applicant) sustained damage to fire department protective gear and equipment as a result of flooding from severe storms during the period of March 12 through April 12, 2010. The Applicant’s contractor, The Maguire Group, prepared PW 693 for a total cost of $58,277 to replace personal protective gear and equipment. FEMA determined that some of the fire department protective gear and equipment could be cleaned instead of replaced, and reduced the PW to $25,171 to reflect cleaning costs and round trip shipping fees for selected items.
In its first appeal submitted on September 14, 2010, the Applicant requested that FEMA reinstate the reduction of assistance. The Applicant argued that all personal protective gear and equipment was contaminated by raw sewage and should be retired from service, and FEMA should fund replacement equipment. On December 16, 2010, the Regional Administrator reaffirmed FEMA’s initial determination that selected fire department protective gear and equipment was not eligible for replacement and could be cleaned and decontaminated.
The Applicant submitted its second appeal on February 3, 2011, and reiterates the same position it claimed in the first appeal. The Applicant has not provided sufficient documentation that the selected gear and equipment cannot be cleaned and returned to service. The State does not support the appeal.
Issue: Did the Applicant sufficiently demonstrate that fire department protective gear and equipment was damaged and unable to be cleaned and decontaminated?
Finding: No. The Applicant did not sufficiently demonstrate that the emergency protective gear and equipment must be replaced instead of cleaned.
Rationale: 44 CFR §206.226(h), Equipment and furnishings; DAP9524.10, Replacement of Equipment, Supplies, and Vehicles; DAP9525.8, Damage to Applicant-Owned Equipment Performing Emergency Work; National Fire Protection Association (NFPA) 1851 standards.