Lesson 2 Overview and Objectives

This lesson depicts FEMA's minimum standard policy for repaired, replaced, or improved facilities.

At the end of this lesson, participants will be able to:

  • Define FEMA's minimum standards policy
  • Describe the applicability and process of the minimum standards policy for Public Assistance funded projects involving repairs or reconstruction of buildings
  • Define what is considered a Code
  • Define what is considered a Standard
  • Describe and define the Americans with Disabilities Act
Minimum Standard Policy (1 of 3)

The Public Assistance program requires the integration and use of the natural hazard-resistant codes and standards and related provisions of the International Building Code, the International Existing Building Code, and the International Residential Code as a minimum design standard, but only when triggered for eligible building restoration projects.

Codes are the rules that must be followed when restoring or replacing buildings. Standards outline the detailed approach for meeting those codes.

Clipboard with a list reading IBC, IEBC, and IRC
Minimum Standard Policy (2 of 3)

The minimum design standard includes natural hazard-resistant design provisions for hazards such as tornado, wind, seismic, and flood as identified in the International Code Council's International Building Code, the International Existing Building Code, and the International Residential Code, regardless of the type of incident that caused the damage.

In accordance with these codes and standards, the Risk Category of the eligible building determines the applicable tornado, wind, seismic, flood, snow, ice, and rain loads. FEMA provides Public Assistance funding for the eligible increased cost associated with meeting these codes and standards when triggered at the cost-share for the disaster.

Aerial view of EF3 tornado damage to the Caledonia High School complex. The gymnasium and Vocational Tech buildings were destroyed, while the main building had only minor damage.
Minimum Standard Policy (3 of 3)

Generally, the International Building Code, the International Existing Building Code, and the International Residential Code apply when a building:

  • Is substantially damaged
    • Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
  • Suffered substantial structural damage
    • Significant damage to the vertical elements of the lateral force-resisting system or the vertical gravity load-carrying components in accordance with the International Building Code or International Existing Building Code.
  • Is eligible for replacement or involves new construction in accordance with 44 Code of Federal Regulations Part 206.226(f)
    • Disaster-related damage exceeds 50 percent of the cost to replace a facility to its pre-disaster design and function
Hurricane damaged building
Minimum Standard Policy Triggers

The determination of whether a code and standard is triggered may be made by:

  • A building official or inspector
  • The Recipient's or Applicant's registered design professional
  • Other appropriate and qualified individual

FEMA will generally accept this determination, but may review the determination to ensure it is consistent with the aforementioned codes and standards and other Public Assistance policies. FEMA may deviate from this policy in circumstances where utilization of the codes and standards would create an extraordinary burden on the Applicant or would otherwise be inappropriate for the facility.

Locally Adopted Natural Hazard-Resistant Building Codes and Standards

FEMA generally requires that the Applicant incorporate the minimum codes and standards in the design of eligible repair, replacement, or construction of a building even if they exceed local codes and standards or in instances where communities have not adopted a building code and standard.

If the International Building Code, the International Existing Building Code, and the International Residential Code have been adopted under another name (for example the California Building Code) and it meets the natural hazard-resistant provisions in the model codes, then FEMA will consider the adopted codes and standards compliant with the minimum codes and standards requirement.

FEMA will evaluate the eligibility of locally adopted natural hazard-resistant building codes and standards that exceed those referenced in the International Building Code, the International Existing Building Code, and the International Residential Code.

Natural Hazard-Specific Requirements (1 of 2)

When triggered by the eligible scope of work, natural hazard-specific requirements include, but are not limited to, the following:

  • In areas where tornado shelter design wind speeds are 250 mph or greater, the Applicant must incorporate a storm shelter or safe room (designed to International Code Council 500 standards) for elementary and secondary schools with an occupant load of 50 or more, Emergency Operations Centers, 911 call stations, fire stations, rescue stations, ambulance stations, and police stations
  • For wind-resistant requirements, the Applicant must incorporate applicable wind-resistant design and construction standards contained in the International Building Code, the International Existing Building Code, and the International Residential Code and its referenced standards
Storm shelter
Natural Hazard-Specific Requirements (2 of 2)

When triggered by the eligible scope of work, natural hazard-specific requirements include, but are not limited to, the following (continued):

  • For seismic-resistant requirements, the Applicant must incorporate applicable seismic-resistant design and construction standards contained in the International Building Code, the International Existing Building Code, and the International Residential Code and its referenced standards
  • For flood-resistant requirements, the Applicant must incorporate applicable flood-resistant design and construction standards contained in the International Building Code, the International Existing Building Code, and the International Residential Code and its referenced standards
    • Example: Elevating a public building to prevent unnecessary disruption of commerce, access, and public service during times of flooding

FEMA also provides Public Assistance funding for costs associated with meeting the load requirements in the most recent International Building Code, International Existing Building Code, and International Residential Code for snow, rain, and ice loads.

Elevated rural post office building in Alakanuk, Alaska.
Implementing FEMA's Minimum Standard Policy

All zones, even if not designated hazard prone, have design requirements. Applicants should apply natural hazard-resistant provisions for all hazards regardless of the type that cause the damage. To implement FEMA's minimum standard policy, Applicants must first identify current local codes and standards by contacting the local Building Code Inspector and Floodplain Manager and determine if they exceed those of the most recent published edition of the International Code Council's codes.

Next, the Applicant must determine if the structure is located in a hazard prone area for wind, seismic activity, tornado, or flood. FEMA will provide a registered design professional or other qualified individual at the Applicant's request to help determine if the hazard resistance design provisions of the most recent International Code Council codes and standards are triggered. This will identify which codes and standards must be applied to the repair or reconstruction.
Americans with Disabilities Act

The Americans with Disabilities Act requires that any public, residential, or workplace facility be accessible to and usable by 251 disabled persons. FEMA provides Public Assistance funding for costs related to Federal Americans with Disabilities Act accessibility requirements. Criteria for Americans with Disabilities Act-related funding is further discussed in Lesson 4.

Residential can be defined as government-owned or operated housing and certain privately-owned facilities that provide housing and are subject to the Americans with Disabilities Act and its accessibility requirements. Government-owned or operated facilities may include public housing, student and faculty housing, employee housing, nursing homes, temporary housing provided in emergencies, and social service facilities such as homeless shelters and halfway houses.

Americans with Disabilities Act logo
Lesson 2 Summary

In this lesson, we:

  • Defined FEMA's minimum policy
  • Described the applicability and process of the minimum standards policy for Public Assistance funded projects involving repairs or reconstruction of buildings
  • Defined what is considered a Code
  • Defined what is considered a Standard
  • Described and defined the Americans with Disabilities Act

In the following lesson, we'll discuss requirements for demonstrating compliance with Applicant adopted codes and standards.