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Second Appeal Brief
PA ID# 089-UJ3ZE-00; Williamsburg Regional Hospital
PW ID# PW 828 & 1106; Temporary Facilities – Time Extensions
In October 2015, record rains overwhelmed the roof-mounted drains of the Williamsburg Regional Hospital (Applicant), allowing water to enter the hospital and damage the interior. In February 2016, the South Carolina Department of Health and Environmental Control ordered a controlled closure of the hospital due to mold and asbestos contamination. FEMA obligated project worksheets (PWs) to fund permanent repair of the hospital (PW 718) and for temporary hospital (PW 828) and operating room (PW 1106) facilities. Following four time extensions for the PW 828 temporary facilities and one time extension for the PW 1106 facilities, FEMA denied additional time extensions for the temporary facilities beyond June 30, 2018, stating that no progress was being made on the approved scope of work (SOW) for PW 718 and that the estimated time for completion of that SOW, 24 months, had elapsed. The Applicant filed a first appeal, stating that extenuating circumstances including delays in construction of a new hospital, delays due to their appeal of FEMA’s PW 718 determination, and funding shortfalls were extenuating circumstances justifying further extensions. The Regional Administrator (RA) denied the appeal, finding that the relevant timeframe for temporary facilities is the time to complete repairs, even where an applicant pursues an improved project, and that the repairs could have been accomplished in the period for which temporary facilities were funded. The Applicant filed a second appeal of FEMA’s decision, reasserting that extenuating circumstances outside its control prohibited accomplishment of the SOW of PW 718 and justify additional time extensions on PW 828 and PW 1106.
Authorities and Second Appeals
- Stafford Act § 403(a)(3)(D).
- 44 C.F.R. § 206.204, 206.225, 206.226.
- Public Assistance Guide, FEMA 322, at 32.
- DAP 9523.3, Provision of Temporary Relocation Facilities.
- Hancock County Board of Supervisors, FEMA-1604-DR-MS; City of Springfield, FEMA-1994-DR-MA; Williamsburg Regional Hospital, PW 718, FEMA-4241-DR-SC; City of Tallahassee, FEMA-1785-DR-FL.
- DAP 9523.3 states that FEMA may grant time extensions based on documentation showing: (1) circumstances beyond the Applicant’s control that prevented completion of the reconstruction project within the initial time limit, (2) status of the permanent restorative work, and (3) revised timeline for project completion.
- The circumstances that the Applicant states were beyond its control, do not justify its delay in completing the approved repair work to the hospital. Since the Applicant has not made significant progress toward effectuating the repair work approved in PW 718, and the estimated time to complete the authorized work has elapsed, FEMA denies the request for additional time extensions for PWs 828 and 1106.
The Applicant has not demonstrated circumstances beyond its control prevented completion of PW 718’s approved SOW. Accordingly, FEMA denies the appeal for additional time extensions for PWs 828 and 1106.