Desoto Memorial Hospital, Wind Retrofit
Appeal Brief
Appeal Letter
In conclusion, after review of the second level appeal documentation, FEMA Headquarters will overturn the denial of the revision request and allow the addition of the roof in the wind retrofit project. If you have any additional questions regarding this issue, please contact Clay Saucier, Chief, Hazard Mitigation Assistance Branch, FEMA Region IV, at (770) 220-5488.
Sincerely,
Appeal Brief
| Applicant | Florida Division of Emergency Management |
| Appeal Type | 2nd |
| Date Signed | 2010-07-19T00:00:00 |
1st Appeal
• Issue
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.
• Reference(s)
o 44 CFR 206.434 Eligibility; 44 CFR 206.440 Appeals, 44 CFR 206.436(d) Application Procedures
2nd Appeal
• Issue
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
• Issue
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.
• Reference(s)
o 44 CFR 206.434 Eligibility; 44 CFR 206.440 Appeals, 44 CFR 206.436(d) Application Procedures
2nd Appeal
• Issue
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
Appeal Letter
U.S. Department of Homeland Seeurity
500 C Street, SW
Washington, DC 20472
FEMA
500 C Street, SW
Washington, DC 20472
FEMA
JUL 19 2010
Miles Anderson
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Dear Mr. Anderson:
I am writing in response to your request dated January 7, 2010 for FEMA to review the second level appeal for Desoto Memorial Hospital, FEMA Project Number DR-1539-27-R. This second appeal follows the decision by the FEMA Region IV Office in Atlanta, GA not to approve the revision request submitted for the hospital's wind retrofit under the Hazard Mitigation Grant Program (HMGP).
I am writing in response to your request dated January 7, 2010 for FEMA to review the second level appeal for Desoto Memorial Hospital, FEMA Project Number DR-1539-27-R. This second appeal follows the decision by the FEMA Region IV Office in Atlanta, GA not to approve the revision request submitted for the hospital's wind retrofit under the Hazard Mitigation Grant Program (HMGP).
My staff has thoroughly reviewed the information submitted with this second level appeal. After careful consideration, and based on information provided with the second appeal, I have concluded that the November 2, 2009 first appeal denial should be overturned. The first appeal was denied because the project revision, requested after the close of the application period, was determined to constitute an ineligible scope of work change beyond the application period for FEMA-DR-FL-1539. However, the requested roof retrofit must be completed in order to achieve the originally approved mitigation action of hardening the structure against hurricane wind damage. Without including the roof component, the approved mitigation action cannot be achieved. The roof retrofit constitutes a necessary and functional component of the eligible mitigation scope of work. Therefore, there has been no change to the objective, purpose, and outcome of the mitigation activity and the inclusion of the roof retrofit in this wind retrofit project does not constitute an ineligible modification to the scope of work.
In conclusion, after review of the second level appeal documentation, FEMA Headquarters will overturn the denial of the revision request and allow the addition of the roof in the wind retrofit project. If you have any additional questions regarding this issue, please contact Clay Saucier, Chief, Hazard Mitigation Assistance Branch, FEMA Region IV, at (770) 220-5488.
Sincerely,
Sandra K. Knight, PhD, PE
Deputy Federal Insurance and Mitigation Administrator, Mitigation
Deputy Federal Insurance and Mitigation Administrator, Mitigation
cc: Major Phil May, Regional Administrator, FEMA Region IV
Brad Loar, Director, Mitigation Division, FEMA Region IV
Brad Loar, Director, Mitigation Division, FEMA Region IV
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