T IDALBAS INGROUP.COM 5 Building/Other Physical Damages When assessing damages to buildings or other items (FEMA defines these as a “facility”), an applicant needs to approach the task in three phases: As it was, as it has to be, and as we want it to be. “As ItWas” The basis of all claims (regardless of whether insurance applies) is “as it was.” What was there immediately prior to the event will first be evaluated. Ideally a Subrecipient will have a set of plans, drawings or at the very least photodocumentation that pre-dates the triggering event. In addition, maintenance records, documentation of changes that occurred after the original data was compiled and any other related data should be available for review. It is recommended that a Subrecipient should not provide their original documents but rather copies and that they be aware that documents provided could later be subject to a FOIA (Freedom of Information Act) request made to FEMA. If the documents provide sensitive data, it is recommended that discussions commence immediately and that accommodations be made. In some instances, FEMA has asked Subrecipients to stamp sensitive materials with “not subject to FOIA requests,” based on their internal policies and regulations. “As It Has to Be” Due to code compliance issues such as ADA (Americans with Disabilities Act), floodplain management (Executive Order 11988), NFPA 101 Life Safety Code etc., a Subrecipient must also demonstrate “what it has to be.”What is allowable varies per insurance policies and is also subject to FEMA scrutiny. Building codes and local standards may be used to allow the funding of a repair to a damaged facility if specific criteria are met, as follows: • Applies to the type of restoration required; • Is appropriate to the pre-disaster use of the facility; • Is reasonable, in writing, formally adopted and implemented by the Subrecipient on or before the declaration date, OR is a legal federal requirement;2 • Applies uniformly; and • Was enforced during the time it was in effect. Additionally, only the portions of the facility affected by the event qualify for this additional reimbursement.
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