Article 59: Demolition of Structures / Demolition of Private Structures
(Category: emergency-responses)
Article Summary
The emergency demolition of severely compromised structures is eligible under Category B if an applicant can prove that partial or complete structural collapse is imminent and poses an immediate threat to the general public.
- Public Property: Eligible if the structure compromises a public right-of-way or public safety area.
- Private Property: Highly restricted; requires a formal public interest determination, legal condemnation order, Rights-of-Entry, and hold-harmless indemnification. Commercial entities are expected to use private insurance.
Demolition must comply with all EHP laws, including hazardous material (asbestos) screening.
Five Key Takeaways for CTA FEMA Compliance
- Execute Universal Hold-Harmless and ROE Documents: Secure fully executed Rights-of-Entry and hold-harmless agreements from property owners before field demolition.
- Verify the Existence of an Official Condemnation Order: Confirm that an authorized local safety official has legally signed a formal emergency condemnation order prior to commencing work.
- Evaluate Fencing and Bracing Alternatives First: Document a comparative cost-effectiveness review proving that restricting public access via security fencing is less viable than full structural demolition.
- Halt Demolition for Hazardous Material Screening: Enforce a strict checklist requiring certified specialists to test for and safely abate asbestos, lead, or other toxic substances.
- Prohibit Demolition on Pre-Incident Condemned Sites: Cross-reference property records to ensure zero federal funds are spent demolishing structures that were condemned prior to the disaster.
