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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 145. Oklahoma Department of Emergency Management |
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Chapter 10. Gubernatorial Declarations for Disaster Assistance |
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Subchapter 7. Public Assistance Eligibility |
SECTION 145:10-7-7. Restoration of damaged facilities
Latest version.
- Work to restore eligible facilities on the basis of the design and function of such facilities as they existed immediately prior to the disaster and in conformity with the following is eligible:(1) Assistance under other State or Federal agency programs. Generally, disaster assistance will not be made available under the Act when another State or Federal agency has specific authority to restore facilities damaged or destroyed by an event which is declared a major disaster.(2) Standards. For the costs of repair or replacement standards which change the predisaster design and construction of facility to be eligible, the standards must meet Federal and State guidelines.(3) Hazard mitigation. In approving grant assistance for restoration of facilities, the SCO may require cost effective hazard mitigation measures not required by applicable standards. The cost of any requirements for hazard mitigation placed on restoration projects by OEM will be an eligible cost for State assistance, not to exceed the cumulative annual maximum allowed.(4) Repair vs. replacement.(A) A facility is considered repairable when disaster damages do not exceed 50 percent of the cost of replacing a facility to its predisaster condition, and it is feasible to repair the facility so that it can perform the function for which it was being used as well as it did immediately prior to the disaster.(B) If a damaged facility is not repairable in accordance with paragraph (d)(1) of this section, approved restorative work may include replacement of the facility. The eligible Applicant may elect to perform repairs to the facility, in lieu of replacement, if such work is in conformity with applicable standards. However, eligible costs shall be limited to the less expensive of repairs or replacement.(C) An exception to the limitation in paragraph (d)(2) of this section may be allowed for facilities eligible for or on the National Register of Historic Properties. If an applicable standard requires repair in a certain manner, costs associated with that standard will be eligible.(5) Relocation.(A) The SCO may approve funding for and require restoration of a destroyed facility at a new location when:(i) The facility is and will be subject to repetitive heavy damage;(ii) The approval is not barred by other provisions.(iii) The overall project worksheet (PW), including all costs, is cost effective.(B) When relocation is required by the SCO, eligible work includes land acquisition and ancillary facilities such as roads and utilities, in addition to work normally eligible as part of a facility reconstruction. Demolition and removal of the old facility is also an eligible cost.(C) When relocation is required by the SCO, no future funding for repair or replacement of a facility at the original site will be approved.(D) When relocation is required by the SCO, and, instead of relocation, the eligible Applicant's requests approval of an "alternate project", eligible costs will be limited to 90 percent of the estimate of restoration at the original location excluding hazard mitigation measures.(E) If relocation of a facility is not feasible or cost effective, the SCO shall disapprove funding for the original location when he/she determines that restoration in the original location is not allowed. In such cases, an alternate project may be applied for.(6) Equipment and furnishings. If equipment and furnishings are damaged beyond repair, comparable items are eligible as replacement items.(7) Library books and publications. Replacement of library books and publications is based on an inventory of the quantities of various categories of books or publications damaged or destroyed. Cataloging and other work incidental to replacement are eligible.(8) Beaches.(A) Replacement of sand on an unimproved natural beach is not eligible.(B) Improved beaches. Work on an improved beach may be eligible under the following conditions:(i) The beach was constructed by the placement of sand (of proper grain size) to a designed elevation, width, and slope; and(ii) A maintenance program involving periodic renourishment of sand must have been established and adhered to by the applicant.(9) Restrictions.(A) Alternative use facilities. If a facility was being used for purposes other than those for which it was designed, restoration will only be eligible to the extent necessary to restore the immediate predisaster alternate purpose.(B) Inactive facilities. Facilities that were not in active use at the time of the disaster are not eligible except in those instances where the facilities were only temporarily inoperative for repairs or remodeling.