Pursuant to 44 C.F.R. § 206.226(d), FEMA may reimburse costs of federal, state, and local repair or replacement codes or standards, if the codes or standards (1) apply to the type of repair or restoration required; (2) are appropriate to the pre-disaster use of the facility; (3) are found reasonable, in writing, and formally adopted and implemented by the state or local government on or before the disaster declaration date or are a federal requirement applicable to the type of restoration; (4) apply uniformly to all similar types of facilities within the jurisdiction of owner of the facility; and (5) were enforced during the time standards were in effect.All five prongs must be met in order to be eligible for PA funding. The TDEC Design Criteria do not meet the “formally adopted” or “uniformly applied” prongs of 44 C.F.R. § 206.226(d).As such, the upgrades completed in accordance with them are not eligible for PA reimbursement.

: The Tennessee Department of Environment and Conservation (TDEC) Design Criteria do not meet the criteria of codes and standards eligible for funding under the Public Assistance (PA) program. As such, the upgrades performed to comply with TDEC Criteria are not eligible for PA reimbursement. Further, work to construct an elevated platform is not eligible as a code or standard requirement, but FEMA may consider its eligibility as a Hazard Mitigation Proposal.

Stafford Act § 406. 44 C.F.R. § 206.226(d). DAP 9527.4, Construction Codes and Standards. FEMA Second Appeal Analysis, City of Gulfport, FEMA-1604-DR-MS, at 3.