Codes and Standards

When a facility must be repaired or  replaced, FEMA may pay for upgrades that are necessary to meet specific  requirements of reasonable current Codes and  Standards. This situation typically occurs when  older facilities must be repaired in accordance with codes and standards that  were adopted after the original construction.
   For the cost of an upgrade to be eligible, the  code or standard requiring the upgrade must meet the five criteria listed  below:
   1.  Apply to the repair work being performed. If a facility must be replaced, an upgrade would apply  throughout the facility. However, if a facility needs repair work only, then  upgrades would apply to the damaged elements only. For example, FEMA would  pay to install a code-required sprinkler system throughout a building if that  building were being replaced; FEMA would not pay for such a
   system if the only eligible work involved repair  only, unless a code or standard required the installation based on the amount  of repair.
   2.  Be appropriate to the pre-disaster use of the facility.
   3.  Be reasonable, in writing, formally adopted, and implemented  prior to the disaster declaration date or be a legal Federal requirement. The appropriate legislative authority within the applicable  jurisdiction must have taken all requisite actions to implement the code or  standard.
   4.  Apply uniformly to all facilities of the type being repaired  within the applicant’s jurisdiction. The standard  cannot allow selective application; it cannot be subject to discretionary  enforcement by public officials. The standard must be applied regardless of  the source or availability of funding for the upgrade work.
   5.  Be enforced during the time that it was in effect. FEMA may require documentation showing prior application of the  standard if there was opportunity to apply the code.
   For additional information regarding standards,  see Bridges, Americans with Disabilities Act (ADA) and  Seismic Safety.
   References:   Section 406(e) of the Stafford Act
   44 CFR §206.221(i) and §206.226(d)
   Public Assistance Guide, FEMA 322, pages 33-36,  79, 83, 125

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