South Campus Building
Appeal Brief
| Disaster | FEMA-1008-DR |
| Applicant | Simi Valley Hospital & Health Care Services |
| Appeal Type | Second |
| PA ID# | 037-90328 |
| PW ID# | 73184 |
| Date Signed | 1999-10-29T04:00:00 |
Citation: South Campus building, Simi Valley Hospital and Health Care Services, FEMA-1008-DR-1008, PA # 037-90328, DSR # 73184. (SHMPH Eligibility)
Cross-Reference: Subject: SHMPH Eligibility: FEMA Record:DSR # 73184.
Summary: The pre-1973 buildings at the South Campus of the Simi Valley Hospital have been denied eligibility for entrance into SHMPH because they fail to meet the Program criteria of having over 50% of their floor space devoted to Acute Care General or Psychiatric Hospital primary functions.
Issues: Does the use of the facility as a Chemical Dependency inpatient treatment facility qualify it for the Program if it is part of a licensed acute care general hospital institution?
Findings: The Program rules specify that the actual use of each building unit, not the overall licensing of the Hospital facility as a whole, is the basis for eligibility under the SHMPH criteria.
Rationale: The high level of upgrading which the Program provides is intended to focus on the kind of facilities for which immediate occupancy is required, for which it is not in this case. This is because such facilities provide the duel service after a disaster of providing for the welfare of the inpatients and those injured in the disaster.
Appeal Letter
October 29, 1999
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741-9023
RE: South Campus building, Simi Valley Hospital and Health Care Services, FEMA-1008-DR-1008, PA # 037-90328, DSR # 73184. (SHMPH Eligibility)
Dear Mr. Christian:
This letter is in response to your letter of July 27, 1999 forwarding the Second Appeal concerning the eligibility of the South Campus building for the Seismic Hazard Mitigation Program for Hospitals (SHMPH) submitted by the Simi Valley Hospital and Health Care Services to OES on June 16, 1999. The applicant has requested that the pre-1973 building on its South Campus be included into the SHMPH.
A first appeal on this issue from this subgrantee had been denied because of the fact that the subgrantee was 10 months beyond the 90-day deadline for filing the appeal. The subgrantee has presented the case that there were "conflicting interpretations" on the eligibility issue leading to their confusion over the eligibility of the subject building which lead to the delay. However, none of the referenced documents cited as the reason for the confusion deals with the definition of Acute Care General or Psychiatric Hospitals as part of the Program eligibility. The analysis by FEMA and OES including the reasons for denial appear to be clear, and the October 3, 1997 letter from Gilbert Najera to SIMI Valley Hospital communicating the ineligibility is very clear in its statement that an appeal must be filed in 60 days.
Nevertheless, I have reviewed the merits of the original claim that the South Campus building should be eligible for the SHMPH, and have found no evidence to suggest that the original October 2, 1997 (log 34323) negative FEMA determination was in error. The principal pre-disaster use of the subject building was for Chemical Dependency inpatient treatment. This use in a freestanding structure is exempted from the Acute Care hospital requirements under the Health and Safety Code, and as part of an acute care hospital building, it is considered to be a supplementary service, not a primary function. As such, it is my determination that the decision to exclude this building from the SHMPH is consistent with FEMA's rules and guidelines for Program eligibility, and that the original determination was correct. It is important to note that eligibility is determined on a case-by-case basis for each building unit, and thus the fact that this building may fall under a general Acute Care license for the facility is not determinative for its FEMA Program eligibility. Accordingly, the applicant's appeal is denied.
Please inform the applicant of this determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: David Fukutomi
Disaster Recovery Manager
Northridge Long-Term Recovery Area Office