[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR206.400]

[Page 499]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 206_FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER 
 
                       Subpart M_Minimum Standards
 
Sec.  206.400  General.

    Source: 67 FR 8852, Feb. 26, 2002, unless otherwise noted.


    (a) As a condition of the receipt of any disaster assistance under 
the Stafford Act, the applicant shall carry out any repair or 
construction to be financed with the disaster assistance in accordance 
with applicable standards of safety, decency, and sanitation and in 
conformity with applicable codes, specifications and standards.
    (b) Applicable codes, specifications, and standards shall include 
any disaster resistant building code that meets the minimum requirements 
of the National Flood Insurance Program (NFIP) as well as being 
substantially equivalent to the recommended provisions of the National 
Earthquake Hazards Reduction Program (NEHRP). In addition, the applicant 
shall comply with any requirements necessary in regards to Executive 
Order 11988, Floodplain Management, Executive Order 12699, Seismic 
Safety of Federal and Federally Assisted or Regulated New Building 
Construction, and any other applicable Executive orders.
    (c) In situations where there are no locally applicable standards of 
safety, decency and sanitation, or where there are no applicable local 
codes, specifications and standards governing repair or construction 
activities, or where the Regional Director determines that otherwise 
applicable codes, specifications, and standards are inadequate, then the 
Regional Director may, after consultation with appropriate State and 
local officials, require the use of nationally applicable codes, 
specifications, and standards, as well as safe land use and construction 
practices in the course of repair or construction activities.
    (d) The mitigation planning process that is mandated by section 322 
of the Stafford Act and 44 CFR part 201 can assist State and local 
governments in determining where codes, specifications, and standards 
are inadequate, and may need to be upgraded.