I.	TITLE:	Demolition of Private Structures

II.	DATE:	

PURPOSE:   

This policy provides guidance in determining the eligibility of
demolition of private structures under the Federal Emergency Management
Agency’s (FEMA) Public Assistance Program. 

IV.	SCOPE AND AUDIENCE:

The policy is applicable to all emergencies and major disasters declared
on or after the date of publication of this policy.  It is intended for
FEMA personnel involved in the administration of the Public Assistance
Program. 

V.	AUTHORITY:

Sections 403(a)(3)(E), 407(a), 502(a)(5), and 305 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42
U.S.C. 5170b, 5173, 5192, and 5148, and                   44 CFR
206.225(a).

VI.	BACKGROUND:

Section 403 of the Stafford Act, 42 U.S.C. 5170b, provides FEMA the
authority to provide assistance essential to meeting immediate threats
to life and property resulting from a major disaster.  Specifically,
Section 403(a)(3)(E) provides FEMA authority to fund the demolition of
unsafe structures which endanger the public on public and private
property (44 CFR 206.225).  Section 502 of the Stafford Act, 42 U.S.C.
5192, provides FEMA the authority to support State and local emergency
assistance efforts.  

The demolition of unsafe structures owned by eligible public and private
nonprofit (PNP) applicants may be eligible for Public Assistance grant
funding under Section 406 of the Stafford Act, which funds the repair,
restoration, reconstruction, or replacement of eligible facilities (44
CFR 206.226).  Demolition associated with Section 406 of the Stafford
Act is not under the purview of this policy.

VII.	POLICY: 

Definitions. 

Demolition:  The act or process of reducing a structure, as defined by
State or local code, to a collapsed state.  

Demolition debris:  Materials including building materials and personal
effects that are deposited as a result of the demolition process.

Legal responsibility:  When a statute, regulation, formally adopted
local code, or ordinance gives local government officials the
responsibility to enter private property to demolish unsafe structures
or to perform work to remove an immediate threat (44 CFR 206.221(c), 44
CFR 206.223(a)(3), and 44 CFR 206.225(a)(3)).

Unsafe structure:  A structure determined to be dangerous to the life,
health, or safety of the public because such structure is so damaged or
structurally unsafe as a direct result of the declared emergency or
major disaster that partial or complete collapse is imminent.  

B.	Duplication of Benefits.   FEMA is prohibited by Section 312 of the
Stafford Act from approving funds for work that is covered by any other
source of funding.  Therefore, State and local governments must take
reasonable steps to prevent such an occurrence, and verify that
insurance coverage or any other source of funding does not exist for the
demolition of private structures.

1.	When demolition of private structures is covered by an insurance
policy, the insurance proceeds must be used as the first source of
funding.  Public Assistance grant funding may be used to pay for the
remainder of the demolition costs.

2.	If it is discovered that a duplication of benefits from any other
source of funding has occurred, FEMA will de-obligate funds from the
Grantee in the amount that such assistance duplicates funding that the
property owners received from other sources.  

	C.	Eligibility of Demolition of Private Structures.   

 1.	Demolition of privately-owned structures and subsequent removal of
demolition debris may be eligible for Public Assistance grant funding
under Section 403 of the Stafford Act when the following conditions are
met: 

	a.	The structures were damaged and made unsafe by the declared
emergency or major disaster, and are located in the designated area (44
CFR 206.223(a)(1) and (2)).

	b.	The State or local government applicant certifies that the
structures are determined to be unsafe and pose an immediate threat to
the public (44 CFR 206.225(a)).  The Public Assistance applicant
provides a detailed explanation documenting its legal responsibility to
enter private property to demolish an unsafe structure, and confirms
that all legal processes and permission requirements (e.g.,
rights-of-entry) for such action have been satisfied (44 CFR
206.223(a)(3)).  The Public Assistance Group Supervisor must concur that
the demolition of unsafe structures and removal of demolition debris are
in the public interest.  FEMA will consider alternative measures to
eliminate threats to life, public health, and safety posed by
disaster-damaged unsafe structures, including fencing off unsafe
structures and restricting public access, when evaluating requests for
demolition.  

	i.	The eligible applicant must demonstrate the legal basis as
established by law, ordinance, or code upon which it exercised or
intends to exercise its responsibility following a declared emergency or
major disaster to demolish unsafe private structures (44 CFR
206.223(a)(3)).  Codes and ordinances must be germane to the structural
condition representing an immediate threat to life, public health, and
safety, and not merely define the local government’s uniform level of
services.

States and local governments ordinarily rely on condemnation and/or
nuisance abatement authorities to obtain legal responsibility prior to
the commencement of demolition of private structures.  There may be
circumstances, however, where the State or local government determines
that ordinary condemnation and/or nuisance abatement procedures are too
time-consuming to address an immediate public health and safety threat. 
In such circumstances, applicants may not have to precisely follow their
nuisance abatement procedures or other ordinances that would prevent the
State or local government from taking emergency protective measures to
protect public health and safety (44 CFR 206.225(a)). 

	ii.	The applicant’s legal responsibility to take action where there
is an immediate threat to life, public health, and safety should be
independent of any expectation or request that FEMA will reimburse costs
incurred for demolition of private structures and the removal of
demolition debris from private property.  In addition, an applicant’s
legal responsibility is not established solely by an applicant obtaining
signed rights-of-entry and hold harmless agreements from property
owners.     		

c.	The State or local government confirms that a legally authorized
official has ordered the exercise of public emergency powers or other
appropriate authority to enter onto private property in order to remove
or reduce threats to life, public health, and safety via demolition of
unsafe structures and removal of demolition debris (44 CFR 206.223).

d.	The State or local government indemnifies the Federal government and
its employees, agents, and contractors from any claims arising from the
demolition of unsafe private structures and removal of demolition debris
from private property (44 CFR 206.9).

e.	The work is completed within the completion deadlines outlined in 44
CFR 206.204 for emergency work. 

2.	Eligible costs associated with the demolition of private structures
may include, but are not limited to:

	a.	capping wells;

	b.	pumping and capping septic tanks;

	c.	filling in basements and swimming pools;  

	d.	testing and removing hazardous materials from unsafe structures,
including asbestos and household hazardous wastes;

	e.	securing utilities (electric, phone, water, sewer, etc.); 

	f.    securing permits,  licenses, and title searches.  Fees for
permits, licenses, and titles issued directly by the applicant are not
eligible unless it can be demonstrated that the fees are above and
beyond administrative costs; 

	g.	demolition of disaster-damaged outbuildings such as garages, sheds,
and workshops determined to be unsafe; and

	

	h.	removal of slabs and/or foundations that were part of a demolished
structure.

3.	Ineligible costs associated with the demolition of private structures
may include, but are not limited to, removal of pads and driveways that
were not part of a demolished structure. 

4.	Structures condemned as safety hazards before the declared emergency
or major disaster are not eligible for demolition and subsequent
demolition debris removal under Public Assistance grant authority. 

5.	Individuals and private organizations (except for eligible PNPs) will
not be reimbursed for demolition activities on their own properties
under the Public Assistance Program (44 CFR 206.223(a)). 

6.	The removal of substantially damaged structures and associated
appurtenances acquired through a Section 404 FEMA Hazard Mitigation
Grant Program buyout and relocation project may be eligible for Public
Assistance grant funding under Section 407 of the Stafford Act.  Such
removal must be completed within two years of the declaration date,
unless extended by the Assistant Administrator of the Recovery
Directorate (44 CFR 206.224(a)(4)). 

D.	Demolition of Commercial Structures.  The demolition of commercial
structures is generally ineligible for Public Assistance grant funding. 
It is assumed and expected that these commercial enterprises retain
insurance that can and will cover the cost of demolition.  However, in
some cases as determined by the Federal Coordinating Officer (FCO), the
demolition of commercial structures by a State or local government may
be eligible for FEMA reimbursement only when such removal is in the
public interest (44 CFR 206.224(a) and (b)).

Apartments, condominiums, and mobile homes in commercial trailer parks
are generally considered commercial structures with respect to Public
Assistance funding. 

E.	Environmental and Historic Review Requirements.  Eligible demolition
activities must satisfy environmental and historic preservation
compliance review requirements as established by 44 CFR Parts 9 and 10,
the National Historic Preservation Act, the Endangered Species Act, and
all other applicable legal requirements.

VIII.	ORIGINATING OFFICE:  Recovery Directorate (Public Assistance
Division).

IX.	SUPERSESSION:  This policy supersedes Disaster Assistance Policy
DAP9523.4 dated July 18, 2007, and all previous guidance on this
subject.

X.	REVIEW DATE:  Three years from date of publication. 

					_____________________________

Deborah Ingram

Assistant Administrator

Recovery Directorate

	RP9523.4

RECOVERY POLICY 

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