Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 000-UD6JQ-00; Tennessee Department of Finance and Administration
PW ID# PW's 167, 168, 187, 188, 189, 190, 198, 199, 205, 209 ; Direct Result of Disaster – Scope of Work – Codes and Standards
Conclusion: The Tennessee Department of Finance and Administration (Applicant) has not demonstrated that the additional items of work were required as a direct result of the disaster. The Applicant also did not obtain prior approval from FEMA before changing the SOW. Furthermore, the Applicant has not demonstrated the upgrades were mandated by code or standard. Therefore, all costs associated with this appeal are ineligible.
During the incident period of February 5-6, 2008, severe storms, tornadoes, straight-line winds, and flooding caused severe damage to several areas within the State of Tennessee. Tornadoes caused substantial damage to the Wynnewood State Historic Site (Site), located in Castalian Springs. FEMA prepared multiple Project Worksheets to account for Public Assistance (PA) funding to address repair and replacement work to some of the structures located at the Site. FEMA denied additional costs for work to repair hidden damages and building code upgrades, and the Applicant filed a first appeal. The Region IV Regional Administrator determined that (1) the applicant’s request for a change in the SOW was untimely and inadequate, and (2) the codes and standards upgrades for various PWs did not comply with federal regulation. The Applicant submitted a second appeal for reimbursement of costs, asserting they were required by mandatory building code upgrades.
Authorities and Second Appeals
44 C.F.R. §§ 13.30(d), 206.223(a)(1)-(3), 206.226(d) and (f)(3).
PA Guide, at 30, 113, 139-140.
Palisades Medical Center, FEMA-4086-DR-NJ, at 4 (Mar. 10, 2017)
Town of Stillwater, FEMA-4020-DR-NY, at 4-5 (Oct. 23, 2015)
City of Sweetwater, FEMA-1345-DR-FL, at 3 (Aug. 15, 2017).
The Opportunity Center, FEMA-1539-DR-FL, at 6 (Dec. 22, 2016).
Lockwood Irrigation District, FEMA-1996-DR-MT, at 2 (Jan. 16, 2014).
44 C.F.R. § 206.223(a)(1) requires that work must be required as a result of a disaster.
44 C.F.R. §206.226 states, eligible facilities must be restored to the design, function, and capacity that existed immediately prior to the disaster.
44 C.F.R. § 206.226(d) states, any costs associated with work that changes the predisaster construction of a facility may be eligible as codes or standards
44 C.F.R. § 13.30(d)(1), grantees or subgrantees must obtain the prior approval of the awarding agency whenever any revision of the scope or objectives of a project is anticipated.