Codes and Standards

Codes & Standards

HEADNOTES

44 C.F.R. § 206.226(d) authorizes FEMA to 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 predisaster 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. The OFC requirement complies with the “uniformly applied” and “enforced” prongs of 44 C.F.R. § 206.226(d).

CONCLUSION

: The Ohio Fire Code (OFC) meets the criteria of codes and standards eligible for funding under the Public Assistance (PA) Program. As such, the addition of a fire suppression system requested to comply with it is eligible for funding.

AUTHORITIES

Stafford Act § 406. 44 C.F.R. §§ 206.221(i), 206.226(d). DAP 9527.4, Construction Codes and Standards. PA Guide, FEMA 322, at 33-35. City of Gulfport, FEMA-1604-DR-MS, PW 10970 at 3.

44 C.F.R. §§ 206.221(i), 206.226(d)
Codes and Standards