Where a building suffered structural damage: Were any of the damages pre-existing? This is one of the most difficult arguments to overcome; yet if a building was habitable — despite being in less than pristine condition before the event — but after the event is uninhabitable, it makes sense that a significant portion of the damages can be attributed to the event. The extent and cost of damages should be determined by someone qualified not only to assess the damage, but to effect the repairs. Again, any evidence supporting the condition of the facility prior to the event (e.g., photographs, renovation plans, permits, etc.) is crucial in the development of your position. Where a truck is damaged while removing debris: Was the damage due to driver negligence? Often Subrecipients fail to go through their normal accident reporting procedure. If you typically fill out accident reports and photograph the scene, it is important to also do so after a disaster. This is generally sufficient to prove your position to FEMA. “… it is imperative that Subrecipients control the inspection process and ensure that only those qualified to answer questions about pre-existing conditions interact with FEMA.”
When applying this test, it is imperative that Subrecipients control the inspection process and ensure that only those qualified to answer questions about pre- existing conditions interact with FEMA. TEST #3 Located Within the Designated Disaster Area Following the declaration of a major disaster, FEMA will designate the counties in a state that are eligible for assistance and the various levels of assistance that will be available. A damaged facility or the work performed must be in a designated county to be eligible for Public Assistance. If the damaged facility is located within a declared county but the entity having the legal responsibility for the facility is from a non-declared area, the damaged facility will still be eligible. If an entity from within the declared area has a damaged facility located outside the declared area, that facility will not be eligible even if damaged by the same event.
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