Citation: FEMA-1899-DR-NY, New York City Parks and Recreation, Cromwell Recreation Center, Unwritten Project Worksheet
Cross-Reference: General Work Eligibility
Summary: Between March 13 and March 31, 2010, a severe storm and flooding event impacted coastal structures. The New York City Parks and Recreation (Applicant) requested funding for the repair of its Cromwell Recreation Center. During a January 2009 site inspection, the Applicant’s resident engineer identified cracks and movement in the base slab. Stabilization work was budgeted and scheduled to begin on April 12, 2010. On May 7, 2010, the Applicant conducted a site construction inspection and observed sagging of the base slab along with more extensive cracking. On May 17, 2010, FEMA and Applicant representatives inspected the facility, observed severe structural cracking in the walls and the floor, and noted that the structural damage “is likely long-term, increasing with age.” On May 26, 2010, 56 days after the close of the incident period, a portion of the remaining 100-feet of the facility not yet stabilized collapsed. FEMA prepared PW 1063 for $2,871,589 for debris removal and demolition activities only, stating that the permanent repairs are not eligible due to the “pre-existing conditions, the state of disrepair and lack of maintenance on the building.” FEMA obligated PW 1063 on October 29, 2010. On May 5, 2011, the Applicant submitted a request for funding for permanent work for $125,400,000 and approval of an alternate project. The FEMA Regional Recovery Director denied both requests on December 12, 2011, stating that the partial collapse was due to structural inadequacies that existed prior to the disaster. The Grantee submitted a first appeal on April 2, 2012, on behalf of the Applicant. On November 14, 2012, FEMA denied the Applicant’s first appeal concluding that the main cause of the partial collapse was not the declared event, but the pre-existing conditions and the structural instability of the facility. The Applicant submitted its second appeal on January 31, 2013, asserting that first FEMA must prepare a Category E PW for the repair of the facility and then the Applicant will “demonstrate why it disputes the position of the FEMA Project Specialist.”
Issue: Is the restoration of the Cromwell Recreation Center required as the result of the event?
Finding: No. The documentation supports that the pre-existing condition of the building was the major cause of the partial collapse.
Rationale: 44 CFR §206.223 General work eligibility