Pursuant to the PAPPG, FEMA determines the eligibility of overtime, premium pay, and compensatory time costs based on an applicant’s predisaster written labor policy, provided the policy does not include a contingency clause, is applied uniformly, and has set non-discretionary criteria. The Applicant’s predisaster Hazardous Pay Policy set non-discretionary criteria, did not contain a contingency clause, and is applied uniformly. Per FEMA policy, standby time is considered reasonable and necessary when there is a contractual obligation to pay for standby time in a labor agreement and when the time is required to ensure necessary employees are available to save lives and protect health and safety. FEMA finds that the Hazardous Pay Policy created a contractual obligation to pay for standby time. Safety inspections for public and private facilities following a disaster are eligible if an applicant demonstrates that the inspection was performed to determine if a facility is safe to enter and not to assess general building damage. The Applicant’s contractor performed inspections on public and private facilities following the disaster to determine if the facilities were safe to enter.

The Applicant demonstrated that the overtime, standby time, and safety inspections, are all eligible. FEMA is granting the appeal.

Stafford Act § 403. 44 C.F.R. §§ 206.206(a), 206.225(a) (2015). PAPPG, at 23, 25, 70-71 (Jan. 1, 2016).