“If a building was under construction or was being significantly renovated, a contractor involved may have legal responsibility for the facility.”
Although the lease usually contains general repair and maintenance language, responsibility for damage resulting from a disaster may not be established. In the absence of any mention in the lease, the owner of the facility will be assumed responsible for the repair. While this may seem straightforward, other variables often factor into the decision-making process. If a building was under construction or was being significantly renovated, a contractor involved may have legal responsibility for the facility. Also, in those situations where a formal lease is not present, but responsibility for the facility has been agreed upon, Subrecipients may need to display how similar situations were addressed in the past, when there was no FEMA involvement. Another issue that falls within the legal responsibility area is whether the repairs fall under the jurisdiction of other federal agencies (OFAs). For certain types of facilities, disaster assistance is the responsibility of a federal agency other than FEMA. Public Assistance is not available for the permanent repair of such facilities and is limited in nature to emergency work. When a request is made for Public Assistance for a facility whose repair FEMA considers to be under the authority of another federal agency, the specific federal agency with responsibility will be asked to review the request and advise FEMA whether the work is eligible. If the work falls outside the statutory authority of that agency, FEMA may consider providing assistance for the work under the Stafford Act.
However, the other federal agency may determine the work is not eligible for assistance because:
The agency does not have funds for that particular program at that time, or
The work is the responsibility of the Subrecipient, either by statute or by agreement with the agency. If either of the above reasons applies, Public Assistance will not be available because the work falls under the authority of the other agency and the eligibility was determined under that agency’s regulations.
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