Stafford Act § 423(a), implemented by 44 C.F.R. § 206.206(c)(1), allows an applicant to appeal any PA determination within 60 days of receiving notice of the appealable action. Under 44 C.F.R. § 206.206(c)(2), the grantee will review and forward appeals from an applicant to the RA within 60 days of receipt. The Applicant submitted its appeal of PW 78 more than 60 days after receipt of the project files. The Grantee forwarded the second appeal more than 60 days after receipt. 44 C.F.R. § 206.223(a)(1) provides that work must be required as the direct result of the disaster to be eligible for PA funding. As such, 44 C.F.R. § 206.223(e) prohibits PA for damages caused by an applicant’s negligence. Significant rainfall occurred after the disaster and the Applicant has not demonstrated it attempted to take protective measures to prevent water intrusion. Consequently, it has not established the damages to floors one through three are disaster-related. Under the Public Assistance Guide, when a change in the SOW or need for additional funding is discovered, a request for the additional work or costs should be sent to the Grantee as soon as possible so damages can be inspected before they are covered up or repaired. As the change in SOW was requested after the Facility was demolished, FEMA could not verify the damages or needed repairs. Consequently, the requested work and costs are ineligible for PA funding.
: Springfield Housing Authority’s (Applicant) request to amend Project Worksheet (PW) 78 and its second appeal are untimely. Moreover, its identification of additional damages and request to change the scope of work (SOW) were not submitted in accordance with FEMA policy. The Applicant also did not demonstrate the disaster caused the interior damages to the first through third floors. Finally, the request for demolition costs was previously denied in a final administrative decision. Accordingly, this appeal is denied.
Stafford Act § 423(a). 44 C.F.R. § 206.202(d)(1)(ii), 206.204(e), 206.206(c), 206.206(e)(3), 206.223(a)(1), 206.223(e), 206.226. PA Guide, at 29, 31-32, 139, 140. Dept. of Transp., FEMA-4068-DR-FL, at 3 (Aug. 5, 2016), City of Plattsburgh, FEMA-4020-DR-NY, at 4 (June 8, 2016), City of Port Arthur, FEMA-1606-DR-TX, at 1-2 (Oct. 14, 2008).