o The DeSoto Memorial Hospital submitted a request, through the Florida Division of Emergency Management (DEM), to include the roof in a wind retrofit project in a previously approved mitigation project. This request was submitted after the close of the application period and it was determined that the revision constituted an ineligible scope of work (SOW) change. Florida DEM supported the subgrantee’s appeal to FEMA Region IV. Upon review of the available information, Region IV denied the appeal.
• Reason for Denial
o Region IV based the 1st appeal denial on the determination that the request for inclusion of roof hardening constituted a change in the approved SOW after the close of the application period, per a May 21, 2003 policy document, not permissible per HMGP regulations.
o 44 CFR 206.434 Eligibility; 44 CFR 206.440 Appeals, 44 CFR 206.436(d) Application Procedures
o The Applicant claimed that the project revision was necessary in order to achieve the originally approved mitigation action of hardening the structure against hurricane wind damage; and, therefore, the requested change did not constitute an ineligible SOW change.
• FEMA Findings
o FEMA HQ granted the 2nd appeal, overturning Region IV’s decision to deny the 1st appeal.
o The rationale for granting the 2nd appeal was that the requested roof retrofit was required to achieve the originally approved mitigation action of hardening the structure against hurricane wind damage. Without including the roof component, the approved mitigation action could not be completed as designed.
o Reference(s): 44 CFR 206.440 Appeals; 44 CFR 206.434 Eligibility; 44 CFR 206.436(d) Application Procedures