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Public Assistance Required Minimum 

Standards 

FEMA Recovery Policy FP-104-009-4 

BACKGROUND 

FEMA's Public Assistance program will generally require the integration and use of the hazardresistant provisions of the International Code Council's (ICC) International Building Code (IBC), 

the International Existing Building Code (IEBC), and/or the International Residential Code 

(IRC) as a minimum design standard for all eligible building restoration projects where the 

design standard is triggered, 

PURPOSE 

The purpose of the policy is to establish minimum standards for Public Assistance projects to 

promote resiliency and achieve risk reduction under the authority of the Stafford Act§§ 323 

and 406(e) (42 U.S.C. §§ 5165a and 5172) and 44 CFR § 206, subpart M. 

PRINCIPLES 

Integration of nationally recognized consensus-based building codes and standards into Public 

Assistance activities will: 

A. Protect Lives and Property: Use of nationally recognized consensus-based building codes 

and standards will further FEMA's core mission to protect lives and property by increasing 

the safety and risk reduction capabilities of buildings that receive Public Assistance funding. 

B. Support the Efficient Use of Federal Dollars: Recipients and sub-recipients using nationally 

recognized consensus-based building codes and standards for federally funded projects 

will reduce vulnerability to new construction and repaired and retrofitted buildings, thus 

reducing the need for future Federal disaster recovery grants and other assistance. 

C. Increase Effectiveness: Consideration of standards-based approaches are necessary to 

increase the predictability of authorized FEMA activities, enhance feasibility and 

effectiveness requirements, as well as advance the sustainability of FEMA-funded 

activities. 

REQUIREMENTS 

A. MINIMUM STANDARDS FOR PUBLIC ASSISTANCE-FUNDED BUILDINGS 

Outcome: As a condition of assistance, buildings eligible for repair, replacement, or 

construction located in hazard-prone areas will use, at a minimum, the hazard-resistant 

standards referenced in the most recent edition of the model building code (IBC, IEBC, and 

IRC) as of the disaster declaration date. 

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1. Public Assistance will use the hazard-resistant design standards in or referenced in the 

most recent IBC, IEBC, and/or IRC as a minimum design standards for all Public 

Assistance funded buildings in hazard-prone areas when the design standard is 

triggered . 1 

a. Applicability 

i. This policy applies to all Public Assistance funded repair, replacement, or 

construction 2 of buildings in tornado, wind, seismic, and flood-prone areas, 

the location of which is identified in the IBC, IEBC, or IRC, regardless of the 

type of incident that caused the damage. 

11. This policy applies when a building: is Substantially Damaged, suffers 

Substantial Structural Damage, and/or eligible for Replacement in accordance 

with the 44 CFR part 206.226(f). 

1. Substantial Damage: 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. 

2. Substantial Structural Damage: Significant damage to the 

vertical elements of the lateral force-resisting system and/or the 

vertical gravity load-carrying components in accordance with the 

IBC or IEBC. 

3. Replacement: Disaster-related damage exceeds 50% of the 

cost to replace a facility to its pre-disaster condition . 

111. The determination of whether a standard is triggered may be made by the 

appropriate building official or inspector, where applicable, or by the 

recipient's or subrecipient's registered design professional or other 

appropriate and qualified individual. FEMA will generally accept this 

determination, but may review the determination to ensure it was made 

consistent with the standard. 

iv. This policy applies to all major disasters declared after the date of publication. 

b. Eligible costs 

i. Costs associated with implementing these standards are eligible costs under the 

Public Assistance Program at the cost share for the disaster. 

ii. These standards must apply to the type of repair or restoration required; be 

appropriate to the pre-disaster use of the facility; and be reasonable. 

iii. Funding for capped projects (Improved, Alternate, and Alternative Procedure 

projects) will be capped based on the estimated amount to restore the building to 

its pre-disaster design and function and any codes or standards, including those 

established by this policy. The capped amount will not be adjusted to include 

additional costs for codes and standards that apply to the new project. 

1 FEMA has determined that these codes represent the minimum adequate standards which are generally necessaiy to protect the federal 

investment of Public Assistance funding. Stafford Act§ 323, 42 U.S.C. § 5165a, § 406(e), 42 U.S.C. § 5172, and 44 CFR § 206.400. 2 This includes improved and alternate projects. Per 44 CFR § 206 .203(d), funding for improved and alternate projects is capped at the 

cost to restore the facility to its pre-disaster design and function in accordance with codes and standards, including the required codes 

and standards referenced in this section, that would otherwise be applicable to the facility ifrebuilt as it existed . 

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c. Standards 

i. When triggered by the eligible repair, replacement, or construction, disasterspecific requirements include, but are not limited to, the following: 3 

1. In areas where tornado shelter design wind speeds are 250 

miles per hour (mph), a storm shelter or safe room designed to 

the ICC 500, Standard for the Design and Construction of Storm 

Shelters. The 2015 IBC requirement is specific to elementary 

and secondary schools with an occupant load of 50 or more, 

emergency operation centers, 911 call stations, fire stations, 

rescue stations, ambulance stations and police stations. 

2. For wind-resistant requirements, applicable wind-resistant 

design and construction standards contained in the IBC, IEBC, 

or IRC and its referenced standards [i.e., American Society of 

Civil Engineers (ASCE), Structural Engineering Institutes (SEI) 

7, etc.]. 

3. For seismic-resistant requirements, applicable seismic resistant 

design and construction standards contained in the IBC, IEBC, 

or IRC and its referenced standards (i.e., ASCE/SEI 7 and 41).4 

4. For flood-resistant requirements, applicable flood-resistant 

design and construction standards contained in the IBC, IEBC, 

or IRC and its referenced standards (i.e., ASCE/SEI 7 and 24). 

d. Implementation Requirements 

i. FEMA will generally require that the subrecipient incorporate the standards 

referenced in this policy in the planning and design of eligible repair, 

replacement, or construction of the eligible building even if these standards 

exceed local standards or in instances where communities have not adopted 

building standards. FEMA will generally accept the determination of the local 

building official, registered design professional, or other appropriate and 

qualified individual to determine how the IBC, IEBC, or IRC standards apply 

to a specific project. If the IBC, IEBC, or IRC have been adopted under 

another name (for example California Building Code), and the local building 

official, registered design professional, or other appropriate and qualified 

individual have determined that the code meets the hazard-resistant 

provisions in the model codes, that code will meet the requirement of this 

policy. 

ii. FEMA may deviate from this policy in circumstances where utilization of the 

standards would create an extraordinary burden on the subrecipient or would 

otherwise be inappropriate for the facility. 

iii. Failure to incorporate these minimum standards or their equivalent in the 

planning and design of eligible repair, replacement, or construction, if 

required, may result in denial or de-obligation of FEMA funding for the facility. 

Therefore, the subrecipient should work with its local building official, 

3 See http://www.fema.gov /building-code-resources for additional guidance on hazard-specific standard requirements. 4 These seismic-resistant requirements are also mandated by Executive Order 13717, Establishing a Federal Earthquake Risk 

Management Standard. 

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registered design professional, or other appropriate and qualified individual to 

ensure compliance with any building standards and requirements. 

iv. If local codes or standards require a stricter hazard-resistant upgrade than 

those required by the IBC, IEBC, or IRC or an upgrade that is not related to 

reducing disaster risk, FEMA will determine the eligibility of the costs to 

comply with the local standards based on 44 CFR 206.226(d) and related 

policy. 

e. Verification Requirements 

i. Upon completion of the project, the subrecipient must provide proof of 

compliance. 5 Acceptable forms of proof include , but are not limited to, written 

certification by a registered design professional that the hazard-resistant 

design elements comply with IBC, IEBC, or IRC requirements or a valid 

certificate of occupancy from the local building department that supports that 

the project was constructed or restored as designed. Non-compliance will 

result in denial or de-obligation of PA funding for the facility. 

2. Additional information 

a. Eligible building projects involving substantial improvement or new 

construction in flood hazard areas must meet the floodproofing or elevation 

requirements as described in 44 CFR § 9.11 (d), or the IBC, IEBC, or IRC, 

whichever is higher. 

b. When evaluating whether a building is eligible for replacement under 44 CFR 

§ 206.226(f), upgrades to meet the IBC, IEBC, or IRC codes will be treated in 

the same manner as locally adopted codes and standards for the purposes of 

calculating repair and replacement costs. For example, any whole building 

upgrade, such as elevation or flood proofing, of a building will be included in 

the replacement cost calculation only. 

r Recovery 

Date 

5 Stafford Act§ 323, 42 U.S.C. § 5165a, and 44 CFR § 206.402 

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ADDITIONAL INFORMATION 

REVIEW CYCLE 

FEMA Recovery Policy FP-104-009-4 Public Assistance Required Minimum Standards will be 

incorporated into Chapter 2:VII.C.2 Public Assistance Program and Policy Guide, which will be 

reviewed, revised, and reissued on an annual basis. 

AUTHORITIES 

A Stafford Act§ 323, 42 U.S.C. § 5165a and§ 406(e), 42 U.S.C. § 5172 

B. Executive Order 13717, Establishing a Federal Earthquake Risk Management Standard . 

C. Code of Federal Regulations 44 CFR §§ 206.400 - 206.402 

D. Code of Federal Regulations 44 CFR § 206.226(d) 

REFERENCES 

A Public Assistance Program and Policy Guide. FP 104-009-2. January 2016. 

B. Disaster Risk Reduction Minimum Codes and Standards, FEMA Policy 204-078-2 (September 

6, 2016) 

DEFINITIONS 

Building 6 : Any structure used or intended for supporting or sheltering any use or occupancy. 

Certificate of Occupancy: A document issued by a local government agency or building 

department certifying a building's compliance with applicable zoning requirements, building 

codes and other laws, and indicating it to be in a condition suitable for occupancy. 

International Building Code: A model building code developed by the International Code 

Council. 

International Code Council: A non-profit organization dedicated to developing a single set of 

comprehensive and coordinated national model construction codes. 

Registered Design Professional: An individual who is registered or licensed to practice their 

respective design profession as defined by the statutory requirements of the professional 

registration laws of the state or jurisdiction in which the project is to be constructed. 

Substantial Damage: Substantial Damage: 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. 

6 2015 International Building Code, Chapter 2. 

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Substantial Structural Damage: Significant damage to the vertical elements of the lateral 

force-resisting system and/or the vertical gravity load-carrying components in accordance with 

the IBC or IEBC. 

QUESTIONS 

Direct questions to Christopher Logan, Acting Director, Public Assistance Division, Federal 

Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 202-212-2340. 

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