Result of Declared Incident

Disaster Causation

HEADNOTES

To be eligible for PA funding, work must be required as a result of the disaster, and the applicant must demonstrate that the damage was directly caused by the incident. Although the Applicant claims that the disaster caused cracking, which requires replacing the Facility, predisaster inspection records note the presence of pre-existing cracking and deterioration to the Facility such inspectors were already recommending the replacement of the Facility prior to the disaster. If a facility was functioning prior to the disaster and the disaster caused damage that rendered the facility non-functional, the facility may be eligible provided the pre-disaster condition was not a significant contributing factor in the cause of failure. The Facility continued to function after the disaster. It is the potential of future damage that could cause the Facility to become non-operational.

CONCLUSION

The Applicant has not demonstrated any damage was caused directly by the declared incident or that replacement of the Facility is required as a result of the declared incident. Therefore, the appeal is denied.

AUTHORITIES

Stafford Act §§ 406(a)(1)(A), (e)(1) 44 C.F.R. § 206.223(a)(1). PAPPG, at 51, 52, 63–65 City of Paintsville, FEMA-4595-DR-KY at 3.

44 C.F.R. § 206.223(a)(1)
Result of Declared Incident