Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 099-99099-00; Palm Beach County
PW ID# 7724; Restoration of Damaged Facilities
Citation: FEMA-1545-DR-FL; Palm Beach County
Cross - Restoration of Damaged Facilities
Summary: As a direct result of the sustained winds and driving rains from Hurricane Frances from September 3, 2004 through September 5, 2004, Palm Beach County’s (Applicant) facility suffered severe water damage. On August 29, 2005, FEMA approved $106,414 to repair the storm related damages, and denied $10,280 for costs associated with re-keying doors and installing new door hardware. Door locks for all doors were replaced due to the storm related replacement of existing doors. The installation of new door hardware and the re-keying costs for all doors were deemed an improvement over the facility’s pre-disaster design, and therefore, ineligible.
In the first appeal, submitted April 19, 2006, the Applicant asserted that it was required to re-key all doors and install new door hardware following Hurricane Frances in order to comply with County security guidelines. The FEMA Regional Administrator denied the first appeal because the Applicant did not demonstrate that re-keying, new locks, and hardware were required as a result of Hurricane Frances. Rather, the re-keying and hardware upgrades represented an improvement over the facility’s pre-disaster design and function, and were not required or enforced as a result of any codes and standards in effect at the time of the disaster.
On May 9, 2007, the Applicant submitted its second appeal. The Applicant requested that FEMA approve funding in the amount of $10,280 to cover costs related to re-keying doors and installing new door hardware. The Applicant maintained that it was necessary to replace the storm damaged doors at the facility, which necessitated the re-keying of locks and the installation of security hardware in order to comply with the applicable County security guidelines. An analysis of the costs utilizing R.S Means 2009 data shows a total of $12,222 for items listed on the invoice. The $10, 280 is therefore a necessary and reasonable cost.
Issue: Is the cost of installing new hardware and re-keying all doors eligible for funding?
Rationale: Title 44 Code of Federal Regulations §206.226(d)(1), Restoration of Damaged Facilities; Public Assistance Guide, FEMA 322, dated October 1999; and RS Means, CostWorks 2009.