FEMA may fund costs associated with upgrades to facilities because of mandatory code and standard requirements if the code meets all five criteria in 44 C.F.R. § 206.226(d). The code contained a variance, but only for instances in which the circumstances would create an undue hardship and make construction not feasible. Therefore, the code is not discretionary. For permanent work, work must be required as the result of the declared incident; FEMA does not provide Public Assistance funding for repair of damage caused by deterioration or deferred maintenance. A FEMA Professional Engineer reviewed the documentation on second appeal and found that the movement from the disaster caused the damage to the north wall and piles. For these reasons, FEMA finds the documentation demonstrates that the damage claimed was a direct result of the disaster.

The Applicant’s requested upgrades to use steel rather than timber to repair the bridge is allowable as Title 428 required using steel. In addition, the documentation demonstrates that the damage claimed was a direct result of the disaster. Therefore, the appeal is granted in the amount of $69,980.89.

Stafford Act § 406. 44 C.F.R. §§ 206.201(k), 206.223(a)(1), 206.226. PA Guide, at 29, 33-34, 79; DAP9527.4, Construction Codes and Standards, at 2. Pulaski Cty., FEMA-4144-DR-MO, at 6; Clarksville Gas and Water, FEMA-1909-DR-TN, at 2-3; Cuyahoga Cty. Dep’t of Pub. Works, FEMA-4098-DR-OH, at 2-4; Thayer Cty. Road Dep’t, FEMA-4225-DR-NE, at 3; City of Gulfport, FEMA-1604-DR-MS, at 3; Univ. of Tex. Med. Branch, FEMA-1791-DR-TX, at 3; Republic Cty. Highway Dep’t, FEMA-4230-DR-KS, at 4; FEMA Second Appeal Analysis, Vill. of Waterford, FEMA-4020-DR-NY, at 2.