Codes and Standards
PA ID# 125-U00B3-00; Clarksville Gas and Water
PW ID# 5225; Codes and Standards
04/11/2016
Conclusion: The TDEC Design Criteria do not meet the criteria of codes and standards eligible for funding under the Public Assistance (PA) program. As such, the upgrades performed to comply with it are not eligible work.
Summary Paragraph
Beginning on April 30, 2010, severe storms, tornadoes, heavy rains, high winds, flooding, and flash flooding affected the City of Clarksville, TN. The Applicant’s Facility sustained damage to its motors, pumps, Motor Control Center (MCC) switchgear and other components of the electrical infrastructure. FEMA prepared Project Worksheet (PW) 5225 to address damage to the Facility. In its first appeal, the Applicant requested that FEMA (1) increase the Cost Estimating Format (CEF) to account for electrical contractor services; (2) approve code upgrades for the flow meter, heating, ventilation, and air conditioning (HVAC) system, combustible gas detectors, backup generator, and stairs and walkways in accordance with National Fire Protection Association (NFPA) 820, the 2003 version of the International Building Code (IBC), and Tennessee Department of Environment and Conservation Design Criteria (Design Criteria); (3) approve a Hazard Mitigation Proposal (HMP) elevating the MCC and VFDs, and build an accompanying new powerhouse to support the elevated switchgear; (4) approve an HMP for new submersible pumps and; (5) address miscellaneous issues. The Region IV Regional Administrator (RA) partially approved the appeal for $550,403.15, for replacement of the MCC, repair of the VFDs, costs for electrical contractor services, some of the project management costs, and elevation of the MCC and VFDs as a code compliance upgrade pursuant to the Design Criteria. She determined the requested code upgrades (Item 2) were not damaged elements, but new or reconfigured components and were not eligible for funding. The Applicant’s second appeal for $254,642.45 requests reconsideration of funding for the code upgrades mandated by the Design Criteria.
Authorities and Second Appeals
Stafford Act § 406.
44 C.F.R. §§ 206.226(d) and 206.221(i)
DAP 9527.4, Construction Codes and Standards.
DAP 9526.1, Hazard Mitigation Under Section 406 (Stafford Act).
PA Guide, at 33-35, 79, 83
FEMA Second Appeal Analysis, City of Gulfport, FEMA-1604-DR-MS, at 3.
Headnotes
Pursuant to 44 C.F.R. § 206.226(d), FEMA may reimburse costs of federal, state, and local repair or replacement codes or standards, if the codes or standards (1) apply to the type of repair or restoration required; (2) are appropriate to the predisaster use of the facility; (3) are found reasonable, in writing, and formally adopted and implemented by the state or local government on or before the disaster declaration date or are a federal requirement applicable to the type of restoration; (4) apply uniformly to all similar types of facilities within the jurisdiction of owner of the facility and; (5) were enforced during the time standards were in effect.All five prongs must be met in order to be eligible.
The TDEC Design Criteria do not meet the “formally adopted” or “uniformly applied” prongs of 44 C.F.R. § 206.226(d).As such, the Design Criteria are not acceptable standards and upgrades completed in accordance with them are not eligible for PA reimbursement