o The Town of Scituate, Massachusetts received an HMGP grant to elevate existing residential structures. Prior to elevation, a portion of one of the structures was demolished, inconsistent with the approved scope of work (SOW). The remainder of the structure was demolished (excluding the floor joists and foundation) following the completion of the elevation, and prior to the proper closeout of the project. This SOW change and subsequent demolition precluded the issuance of a Certificate of Occupancy and the closeout of the project.
o The Commonwealth submitted a 1st appeal on August 5, 2011, stating the structure on the property was raised above the identified base flood elevation and the risk of future flood damage has been minimized.
• Reason for Denial
o Region I based the denial of the 1st appeal on a failure to materially comply with the terms of the award by impermissibly changing the SOW, failure to complete the project and failure to close out the project.
o 44 CFR 206.434 Eligibility; 44 CFR 206.440 Appeals; 44 CFR 206.436 Application Procedures; 44 CFR Part 13.30 Changes; HMGP Desk Reference Prior approval for SOW Changes; 44 CFR Part 13.43 Enforcement
o The Commonwealth submitted a second appeal, restating grounds for the initial appeal. The appeal further contended that there had been no impermissible change to the SOW and that the project was properly completed.
• FEMA Findings
o FEMA HQ denied the 2nd appeal, supporting Region I’s decision to deny the 1st appeal.
o Rationale: Grantees are required to obtain FEMA approval prior to changing the SOW.
o Reference(s): 44 CFR 206.440 Appeals; 44 CFR 206.434 Eligibility; 44 CFR 206.436 Application Procedures; 44 CFR Part 13.30 Changes; HMGP Desk Reference - Prior approval for SOW Changes; 44 CFR Part 13.43 Enforcement