Chapter 8 › II.C Codes and Standards Eligibility Criteria

Our code requires upgrades as part of the repair. Will FEMA pay for them?

FEMA term

Codes and standards eligibility criteria

Short answer

Only if the code or standard meets five tests: it applies to the type of repair, fits the facility’s pre-disaster use, is reasonable and formally adopted on or before the declaration date (or is a federal legal requirement), applies uniformly, and was enforced.

What FEMA requires

Applies to the restoration: repair codes and new-construction codes differ. Replacement facilities get new-construction codes; repairs get only repair-triggered upgrades.
Appropriate to pre-disaster use: the least costly of the designed use or the actual use at the time.
Reasonable: FEMA weighs the trigger, the extent of damage, engineering defensibility and cost. A huge upgrade on a tiny trigger can be unreasonable.
Written, adopted and implemented: approved by the authority having jurisdiction and part of the public record. Codes adopted by a nonprofit for its own facilities, or by agencies without code authority, don’t count.
Uniform: applies to all similar facilities, public or private, regardless of cause of damage or funding source, and not at officials’ discretion.
Enforced: applied while in effect; if not, related upgrades are ineligible.

Documentation

The code text and adoption record, evidence it is applied uniformly, and enforcement history, such as permits for similar non-disaster work.

Watch out · Govstar practitioner advice

Collect proof of past enforcement now. A code you didn’t apply to non-disaster projects won’t fund upgrades after one.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.