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Second Appeal Summary
PA ID# 059-00EE2-00; Moss Point School District
DSR ID# Project Worksheets 4649, 8074, 8254, and 10844; Magnolia Junior High School
Citation: FEMA-1604-DR-MS; Moss Point School District
Buildings; The 50% Rule; Mold Remediation
Storm surge from Hurricane Katrina inundated the two buildings of Magnolia Junior High School. FEMA prepared PWs for repair of the main building and cafeteria after repair versus replacement ratios were determined to be 36 percent and 38 percent, respectively. FEMA prepared a Category B PW for mold remediation that was completed in December 2005. Mold remediation was not included in the repair cost for The 50% Rule analysis. The appeal asserts that remediation work should be considered in The 50% Rule analysis, whether funded under Category B or E, and claims the resulting ratio is 51.8 percent. Also, in response to the first appeal, FEMA used a revised replacement cost for the 50% Rule analysis. The second appeal argues that it was unfair for FEMA to modify the estimate as a result of the Applicants first appeal. The Applicant requests an additional $3,250,000 funding for replacement buildings based on The 50% Rule.
- Should mold remediation work completed at the facility be Category E?
- Should Category B work be included in repair cost for The 50% Rule calculation?
- Can FEMA revise replacement cost for The 50% Rule calculation in appeal response?
- No. This work was completed shortly after the disaster to remove health hazards and prevent further damage and was not performed as part of permanent repairs.
- No. Repair cost for The 50% Rule is limited to permanent work.
- Yes. FEMA ensures that reasonable costs are applied in all funding decisions.
Stafford Act Section 403(a); 44 CFR §206.225(a)(3); 44 CFR §206.226(d)(1); Fact Sheet 9580.100, Mold Remediation
; Response and Recovery Directorate Policy 9524.4 Eligibility of Facilities for Replacement under 44 CFR 206.226(d)(1) (The 50% Rule)