Result of Declared Incident

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

Disaster	4394
Applicant	Society Hill
Appeal Type	Second
PA ID#	031-67435-00
PW ID#	PW 169
Date Signed	2022-01-25T17:00:00

Summary Paragraph

FEMA wrote Project Worksheet (PW) 169 to capture any damages sustained to the Town of Society Hill’s (Applicant) Train Depot Museum (Facility) as a result of Hurricane Florence and document the Applicant’s request to replace the roof of the Facility.  In a Determination Memorandum, FEMA determined the roof replacement to be ineligible, but found that resecuring and resealing of roof seams was eligible for Public Assistance (PA) funding.  The Applicant filed a first appeal asserting that the roof was damaged by the disaster and was eligible for replacement under the 50 Percent Rule.  FEMA denied the first appeal, as the Applicant had not substantiated that the actual roof was damaged as a direct result of the disaster requiring repair or replacement.  The Applicant filed a second appeal reiterating first appeal arguments and requesting reimbursement for the roof replacement work that had since been completed.

Authorities and Second Appeals

• Stafford Act §406(a)(1)(A).
• 44 C.F.R. §206.223(a)(1).
• PAPPG, at 19.
• Conway Hospital, FEMA-4394-DR-SC, at 3.

Headnotes

• It is the Applicant’s responsibility to demonstrate that damage was caused directly by the declared incident, and where pre-existing damage exists, to distinguish that damage from the disaster-related damage.
  • Here the Applicant’s documentation and post-disaster photographs do not demonstrate that the replacement of the roof was required as a result of the disaster. 

Conclusion

FEMA finds the Applicant has not demonstrated that the work to replace the roof is the result of the declared incident.  Therefore, this appeal is denied.

Appeal Letter

Appeal Analysis

Background

During the incident period of September 8 through October 8, 2018, Hurricane Florence caused severe storms and flooding.[1]  FEMA wrote Project Worksheet (PW) 169 to capture any damages sustained to the Town of Society Hill’s (Applicant) Train Depot Museum (Facility) and document the Applicant’s request to replace the roof of the Facility.

FEMA conducted a site inspection on December 12, 2018, noting wind-driven rain penetrated the roof along seams, and under flashing and joints.  The accompanying photographs noted evidence of roof leaks, this included patches of moisture on the joists of the ceiling.  However, the South Carolina Municipal Insurance and Risk Financing Fund (SCMIRF), who insured the Facility, ultimately denied the claim for the replacement of the roof, stating “no wind related damage was identified.”[2]  Furthermore, SCMIRF noted that as demonstrated in the May 31, 2019 letter and photographs provided by Sedgwick (the independent adjustment firm assigned to SCMIRF for Hurricane Florence losses), the roof panel sealant was severely deteriorated and required maintenance.[3]

FEMA issued a Determination Memorandum (DM) on February 9, 2021, denying the Applicant’s request for a roof replacement.  The Agency stated that although the FEMA site inspection revealed that water seeped into the Facility, the Applicant’s own contractor attributed this to wind driven, horizontal rain which had backed up the roof and defeated the roof sheathing lap joints.  Therefore, although the claim for the roof replacement was denied, FEMA found resecuring and resealing of roof seams was eligible for Public Assistance (PA) funding in the amount of $7,042.94.

First Appeal

The Applicant filed a first appeal on March 5, 2021, asserting that the damage was caused by the incident and that the roof was eligible for replacement.  The Applicant cited Title 44 of the Code of Federal Regulations (44 C.F.R.) §206.226, asserting that replacement of the roof is eligible because the cost to repair exceeds 50 percent of replacement cost.  Additionally, the Applicant stated that due to the condition of the roof, contractors are not willing to only perform repairs. The Applicant also included an invoice dated March 05, 2017 for roof repairs.  The South Carolina Emergency Management Division (Grantee) transmitted an April 29, 2021 letter in support of the appeal.

FEMA issued a Request for Information (RFI) to the Applicant and Grantee on June 21, 2021, notifying the Applicant that the administrative record lacked sufficient information regarding disaster-related damage to the Facility’s roof.  Therefore, FEMA requested the following documentation: (1) dates of when the roof was service between the time of installation and the disaster incident period; and (2) the type of work completed; roof inspection reports and/or photographs dating to at least three years prior to the disaster; post-disaster photographs of the roof showing disaster-related damage; and, any professional inspections completed immediately after the disaster which: (a) identify and specify the disaster-related damage; and (b) explain why replacement of the roof is necessary, as opposed to repair.

The Applicant replied to FEMA’s RFI on July 21, 2021, with an itemized invoice from Segars Construction Co., Inc., dated on June 1, 2015, documenting interior renovations; repairs to the roof were listed but were not billed directly to the Applicant but another contractor.  The Applicant did not provide photographs or inspection reports but did reiterate that repairs would not be cost effective.  The Applicant informed FEMA that it moved forward with roof replacement on May 5, 2021 at a cost of $27,200.00. 

The FEMA Region IV Regional Administrator denied the Applicant’s appeal in a letter dated August 18, 2021.  FEMA found that the Applicant had not demonstrated that the actual metal roof panels were damaged or required replacement as a result of the disaster.

Second Appeal

The Applicant submitted a second appeal in a letter dated October 11, 2021, reiterating its position that the work to replace the roof is required due to disaster damage.  The Applicant asserts that the FEMA inspection noted that the damage was due to the incident.  The Applicant also asserts that after the latest maintenance on the roof in 2017, an invoice from the contractor is included in submittal documents, no major issue occurred with the roof prior to the incident.  Furthermore, the Applicant notes that the insurance inspector came out in April 2019, seven months after the incident, and therefore did not observe the same evidence of disaster damage as FEMA had observed when it inspected the Facility three months after the incident.  The Grantee transmitted the Applicant’s appeal to FEMA, with a letter of support dated December 9, 2021.

 

Discussion

FEMA provides PA funding to a state or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster.[4]  To be eligible for PA funding, an item of work must be required as a result of the disaster.[5]  FEMA does not provide PA funding for repair of damage caused by deterioration.[6]  It is the Applicant’s responsibility to demonstrate that damage was caused directly by the declared incident, and where pre-existing damage exists, to distinguish that damage from the disaster-related damage.[7]

The documentation provided by the Applicant and included in the administrative record does not demonstrate that the roof (aside from the seams) was damaged as a direct result of the incident.  For instance, Sedgwick’s insurance inspection report photographs only showed sealant deterioration.  Its letter stated that the “standing seam metal roofing show[ed] no evident [sic] of lifting or deflection.”[8]  As a result, SCMIRF found “…the roof panel sealant is severely deteriorated and requires maintenance.”[9]  The Applicant acknowledges that, “[t]here was no visible damage to the actual roof top and [therefore] the FEMA inspector did not go up on the roof to inspect that area.”[10]  Documentation presented by the Applicant for the record of repairs completed on the roof from 2015 and 2017 do not provide detail as to what was conducted and in which areas of the roof work was performed. 

The Applicant has not provided documentation which would suggest that the condition of the roof post-disaster required a full replacement of the roof, rather than a repair of damaged seams.  Additionally, the deterioration of the seams at the time of the incident suggest that was the cause for water intrusion.  The Applicant acknowledges that no damage was observed on roof panels.  The post-disaster photographs only showed deficiencies in the roof sealant between panels and not damage to the panels themselves.  As a result, additional work to repair or replace the roof is not eligible for reimbursement. 

 

Conclusion

The Applicant has not demonstrated that the work to replace the roof is the result of the declared incident.  Therefore, this appeal is denied.

 

[1] The President issued a major disaster declaration on September 16, 2018. 

[2] Letter from Senior Claims Adjuster, South Carolina Municipal Insurance and Risk Financing Fund, to Mayor, Town of Society Hill, at 1 (June 18, 2019) [hereinafter Insurance Letter]. 

[3] Id. 

[4] Robert T. Stafford Disaster Relief and Emergency Assistance Act § 406(a)(1)(A), Title 42, United States Code § 5172(a)(1)(A) (2018).

[5] Title 44 Code of Federal Regulations (44 C.F.R.) §206.223(a)(1) (2017); Public Assistance Program and Policy Guide, FP 104-009-2, at 19 (Apr. 1, 2018) [hereinafter PAPPG].

[6] PAPPG, at 19.

[7] Id. at 19; FEMA Second Appeal Analysis, Conway Hospital, FEMA-4394-DR-SC, at 3 (July 7, 2021). 

[8] Letter from National General Adjuster, Sedgwick, Inc., to Mayor, Town of Society, at 1 (May 31, 2019).

[9] Insurance Letter, at 1.

[10] Letter from Mayor, Town of Society Hill, to Chief of Recovery and Mitigation, S.C. Emergency Management Division, at 2 (Oct. 11, 2021).