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FEMA storm shelters: override AHJ enforcement/permitting plan review requirements?

FuzzyOne

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Joined
Aug 30, 2025
Messages
9
Location
Missouri
My community has a school that has been awarded a FEMA grant for construction of a multi-use building which is a FEMA certified storm shelter.

I got very late notice of this and no permit applied for as of yet.

When I emailed the architect about when I would need the building plans to start a plan review before they put this out for bid in the very near future he wanted to schedule a call to "explain things".

As all contractors must build exactly to FEMA's specs, and be approved by FEMA to work on this project does this restrict local AHJ from being involved?
 
As all contractors must build exactly to FEMA's specs, and be approved by FEMA to work on this project does this restrict local AHJ from being involved?

I don't think so. Federally-owned buildings constructed on federally-owned land are exempt from local jurisdiction, but this is just construction in or adjacent to a public school, on town-owned land, that happens to be paid for (perhaps only partially) with some federal money. I would talk to the town's attorney (corporation counsel, town counsel, whatever that person is called in your jurisdiction), but I do not see any way the project can be exempt from your jurisdiction.

If the architect tries to tell you it's exempt -- ask him to cite the specific law that makes it exempt.

I would also ask the chairperson of the board of education if they plan on applying for a building permit.
 
If you are the permitting authority for other school, municipal and private projects in your jurisdiction, I don't see how the funding means exempts this project from a building permit application, issuance and inspections by the BO.

The funding agency may do additional inspections to ensure compliance with the grant conditions.

This should be interesting, please keep us informed
 
When I emailed the architect about when I would need the building plans to start a plan review before they put this out for bid in the very near future he wanted to schedule a call to "explain things".

I would go ahead with the meeting, and I would try to have the town's corporation counsel, the head of the board of education, and the school superintendent attend, as well. Too often, people assume facts not in evidence, or hear what they want to hear.

Many years ago I was on the building committee (I was appointed by the mayor, for reasons I still haven't figured out) for a major addition and renovation program for our high school and junior high schools. The board of education hadn't even hired an architect yet, but the schools were overcrowded so they wanted to bring in temporary classrooms to take up the slack. But there was no budget for renting or buying portable classrooms.

So a meeting was set up for the school district's financial officer with the state Department of Education to see if the State would pay for portable classrooms. I was the person from the building committee designated to attend the meeting. What the Department of Education told us was that the cost of renting portable classrooms was eligible for State funding when the portable classrooms were used as swing space during construction of a State-funded construction project. That seemed pretty clear to me.

There was a meeting of the Board of Education and the building committee later the same afternoon as the meeting with the Department of Education. I drove straight from the Department of Education to the Board of Ed meeting, and I walked into that second meeting just in time to hear the finance director tell the Board of Ed that the State would pay for portable classrooms. He conveniently omitted mention of the limitation that the State would pay only when the portable classrooms were being used as swing space during a State-funded construction project. Fortunately, I arrived in time to correct the record.

I wasn't surprised when that finance director had to leave a couple of years later, with some rather serious questions lingering about his handling of the district's finances.

My point being, to echo Ronald Reagan, "Trust, but verify." I've read several articles about the FEMA storm shelter grant program since seeing this question. Everything I have found seems to agree that this is nothing but a funding grant, with FEMA funding a maximum of 75% of the cost. That (to my uneducated brain) tells me that these are still local projects and are subject to whatever building and fire codes are in effect at the site of the proposed construction. I read at least half a dozen different articles, and nothing in any of them suggested that these projects are in any way exempt from local building permits and local building inspections.
 
I don't think so. Federally-owned buildings constructed on federally-owned land are exempt from local jurisdiction, but this is just construction in or adjacent to a public school, on town-owned land, that happens to be paid for (perhaps only partially) with some federal money. I would talk to the town's attorney (corporation counsel, town counsel, whatever that person is called in your jurisdiction), but I do not see any way the project can be exempt from your jurisdiction.

If the architect tries to tell you it's exempt -- ask him to cite the specific law that makes it exempt.

I would also ask the chairperson of the board of education if they plan on applying for a building permit.
I had driven directly to the school administration office to meet with the Superintendent after I had my first contact from the Architect asking for a minor clarification.
 
An analogy might be that when we design affordable housing projects that utilize federal tax credits, HUD funding, etc., our design must comply with the physical requirements of Section 504 of the Rehabilitation Act of 1973.
But the apartments still get plan checked by the local city, and the building official is the AHJ for code enforcement, not the feds.
The local building official does not enforce Section 504 nor do they care about it. It is a program requirement of funding, not a building code requirement for plan check.
If I failed to design to what the feds want, they could either withhold funding for the project, and/or sue us for failing to provide what we promised. But since the building and land is not owned by the feds, in no case will the feds will do plan check instead of the locals.
 
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