E.2. Eligibility

Under HMGP, HMGP Post Fire and BRIC, the types of codes and standards activities eligible for assistance include but are not limited to:

• Evaluation of the adoption and/or implementation of codes to reduce risk.
• Enhancement of existing adopted codes to incorporate more current requirements or higher standards.
• Development of professional workforce capabilities through technical assistance and training with the use of tools such as available e-permitting software, remote, virtual and drone inspection technologies.
• Evaluation of the adoption and/or implementation of land use and zoning ordinances.

Potential eligible costs for codes and standards activities include the following:

• Labor costs for activities such as staff review of building codes, development of ordinances, drafting of procedures for plan review and inspection, and training and certification in latest codes not covered by normal staffing costs, such as overtime.
• Service contracts (e.g., architect/engineering consulting services to support projects related to building codes).
• Materials (e.g., purchase of code books or manuals and printing of publications supporting building code projects).
• Other costs (e.g., costs related to implementation, raising awareness, disseminating information and providing education related to new or upgraded codes).

Part-time or other staff hired to address a surge in permitting activities because of the disaster are eligible expenses.​

Additionally, HMGP and HMGP Post Fire provide assistance for post-disaster code enforcement, which is a recovery activity. Post-disaster code enforcement activities are not eligible under BRIC. Codes and standards activities are not eligible under FMA.

Code-related matters are dealt with differently across state, local, tribal and territorial governments. FEMA recommends that appropriate state, local, tribal or territorial government hazard mitigation officers coordinate with their respective counterparts in building safety and/or code enforcement when pursuing eligible activities under HMA.

Table 15 highlights eligible codes and standards activities.

Eligible Activities	HMGP	HMGP Post Fire	BRIC	FMA
Evaluation of the adoption and/or implementation of codes that reduce risk	Yes	Yes	Yes	No
Enhancement of existing adopted codes to incorporate more current requirements or higher standards	Yes	Yes	Yes	No
Development of professional workforce capabilities through technical assistance and training	Yes	Yes	Yes	No
Evaluation of the adoption and/or implementation of land use and zoning ordinances	Yes	Yes	Yes	No
Post-disaster code enforcement	Yes	Yes	No	No

Eligible codes and standards activities under HMGP, HMGP Post Fire and BRIC include assistance for the following activities:

• Evaluate which code adoption and enforcement activities are best suited for the jurisdiction. Activities include the publication of code requirements related to land use, zoning, floodplain management, infrastructure, urban-wildland defensible space (e.g., stormwater management regulations) or other areas that help make a community more resilient.
• Enhance (e.g., adopt, develop, improve or modify) current or existing building code requirements to reflect the latest code edition, exceed the latest code edition or develop/modify building code-coordinated requirements.
• Develop professional workforce capabilities through technical assistance and training for the public and/or private sectors.
  • Training activities include:
    • Providing or pursuing training, including individual certification courses (e.g., inspector, plans reviewer, certified floodplain manager).
    • Planning, training and exercises for post-disaster building code enforcement.
    • Developing activities related to improving code enforcement (e.g., evaluate processes; implement an inspection program; improve the Insurance Office Services, Inc.’s Building Code Effectiveness Grading Scale score; and improve the Community Rating System rating).
  • Technical assistance activities include:
    • Employing a mutual-aid agreement among communities to use other local building officials.
    • Entering into a contractual agreement with a state or regional government entity that is knowledgeable of building codes and proper administration of a building department.
    • Entering into a contractual agreement with one of the model building code organizations.
    • Employing building code experts temporarily.
    • Requesting FEMA technical assistance regarding building codes and proper building department administration.

Table 16 highlights eligible evaluation, enhancement and development codes and standards activities. These activities are subject to funding restrictions. Refer to Part 11.E.2.4 and Part 10 for additional information.

Table 16: Eligible Activities to Evaluate the Adoption and/or Implementation of Codes and Standards Activities

Activity	Eligibility
	HMGP and HMGP Post Fire	HMGP and HMGP Post Fire	HMGP and HMGP Post Fire	BRIC
	5 Percent Initiative	5 Percent Codes and Standards	7 Percent Planning
Evaluate which code adoption and enforcement activities are best suited for the jurisdiction	Yes	Yes	Yes, land use ordinances only	Yes
Adopt building codes or develop building code requirements that help make the community more resilient (including publication of those requirements) related to land use, zoning, floodplain management, infrastructure, urban-wildland defensible space (e.g., building, stormwater management regulations) or other area	Yes	Yes	Yes, land use ordinances only	Yes
Improve or modify current or existing building code requirements to reflect the latest code edition, exceed the latest code edition, or develop or modify building code-coordinated requirements that help make the community more resilient (including publication of those requirements) related to land use, zoning, floodplain management, infrastructure, urban-wildland defensible space (e.g., stormwater management regulations) or other area	Yes	Yes	Yes, land use ordinances only	Yes
Enhance existing adopted codes and enforcement to incorporate more current requirements, higher standards, electronic permitting, online model code access, virtual inspection technology and remote building codes administration	Yes	Yes	No	Yes
Provide or pursue training, including individual certification courses (inspector, plans reviewer, certified floodplain manager) and training for both the public and private sectors	Yes	Yes	Yes, when in support of an eligible planning activity	Yes
Develop planning, training and exercises for post-disaster building code enforcement	Yes	Yes	Yes	Yes
Develop or acquire software, hardware and associated training to assist with plan reviews, permitting, inspections and records retention	Yes, when in support of other eligible activities	Yes, when in support of other eligible activities	No	Yes
Purchase publications—obtain digital license or printing permissions of publications—to support building code activities	Yes	Yes	No	Yes
Engage consulting services to support activities related to building codes	Yes	Yes	No	Yes
Engage consulting services to support activities related to land use ordinances	Yes	Yes	Yes	Yes
Cover costs associated with building department accreditation	Yes	Yes	No	Yes
Conduct public awareness activities and outreach related to building codes	Yes	Yes	No	Yes
Conduct public awareness activities and outreach related to land use ordinances	Yes	Yes	Yes	Yes
Develop activities related to improving code enforcement (evaluate processes, implement an inspection program, improve Building Code Effectiveness Grading Scale score, improve CRS rating)	Yes	Yes	Yes, for CRS rating only	Yes

If a property owner needs additional design assistance to complete the permitting process, project scoping/advance assistance may be used.

HMGP and HMGP Post Fire may provide assistance for code enforcement after a disaster to ensure that disaster-resistant building codes (codes, standards and local ordinances that promote disaster resistance) are adopted and implemented. Eligible costs are “extraordinary” post-disaster code enforcement costs or the costs that exceed the building department’s normal costs. The best time for local communities to enforce post-disaster codes is during response and recovery. Subapplicants may apply for post-disaster code enforcement activities once the HMGP or HMGP Post Fire application period has been opened.

As part of PA, FEMA is also authorized to provide assistance to state and local governments for building code and floodplain administration and enforcement, including inspections for substantial damage compliance, for a period of not more than 180 days after the major disaster is declared. HMGP can provide assistance for post-disaster building code activities to continue past the 180-day PA limit. If a recipient or subrecipient receives PA assistance for building code enforcement and administration activities and intends to continue these activities after PA is no longer available, they should submit a subapplication under HMGP as soon as possible so the subapplication can be reviewed and approved before PA expires. More information can be found in FEMA Policy #204-079-01, Building Code and Floodplain Management Administration and Enforcement (Oct. 15, 2020).

Table 17 highlights eligible post-disaster code enforcement and recovery activities.

Table 17: Eligible Post-Disaster Code Enforcement and Recovery Activities

Activity	Eligibility
	HMGP and HMGP Post Fire	HMGP and HMGP Post Fire	HMGP and HMGP Post Fire	BRIC
	5 Percent Initiative	5 Percent Codes and Standards	7 Percent Planning
Conduct post-disaster code enforcement activities	Yes	Yes	No	No
Track and enforce disaster‑damaged properties (including substantially damaged structures) to ensure they are repaired to appropriate building codes and flood management standards	Yes	Yes	No	No
Provide technical assistance to property owners during repairs of disaster-damaged structures (including substantially damaged structures)	Yes	Yes	No	No

A general list of ineligible activities is included in Part 4.

Codes and standards activities cannot result in adoption or enforcement of requirements that are weaker than consensus-based codes and standards. The jurisdiction’s normal staffing costs are not eligible under HMGP, HMGP Post Fire or BRIC. Costs covered by other federal assistance programs (e.g., PA) are not eligible.

If this project type will include processing permit applications and communities receive fees for those permit applications, then the subapplicant needs to consider how this support is above and beyond what is supposed to be covered by permit fees. Fee waivers are considered program income. For more information on program income, refer to Part 8.

Assistance restrictions for HMGP, HMGP Post Fire and BRIC are described below.

Codes and standards projects may be funded via multiple assistance opportunities under HMGP and HMGP Post Fire:

• 5 Percent Initiative: Up to 5% of the HMGP ceiling amount or HMGP Post Fire available assistance amount may be set aside by the recipient to pay for activities for which it is difficult to quantify cost-effectiveness. Applicants may apply for 5% of the HMGP ceiling amount or HMGP Post Fire available assistance amount for codes and standards activities under the 5 Percent Initiative, in addition to the 5 Percent Codes and Standards funding mentioned immediately below. Applicants may use this funding opportunity if the 5 Percent Initiative assistance is not used for other activities. Codes and standards activities are just one type of eligible activity under the 5 Percent Initiative.
  
• 5 Percent Codes and Standards: Applicants may apply for up to 5% of the HMGP ceiling amount or HMGP Post Fire available assistance amount for codes and standards activities. This funding source was previously referred to as “Additional 5 Percent Initiative.” The name and requirements have been updated to provide dedicated funding to strengthen the use of building codes and standards. The 5 Percent Codes and Standards offers eligibility for a variety of codes and standards activities. This funding source must be used for codes and standards activities and may be paired with the 5 Percent Initiative for a total of up to 10% of the HMGP ceiling amount or HMGP Post Fire available assistance amount.
  
• Other federal funding: Any codes and standards activities funded by another federal program are not eligible for assistance under HMGP or HMGP Post Fire. For example, codes and standards activities funded under PA cannot also be funded under HMGP or HMGP Post Fire. Once the available PA support has been exhausted, codes and standards activities can then be continued under HMGP and HMGP Post Fire.

Assistance for codes and standards activities under BRIC are described in detail in the yearly NOFO. Codes and standards activities are only eligible for assistance under the state/territory allocation and tribal set-aside; they are not eligible for assistance under the national competition.

Subapplications for codes and standards activities under HMGP, HMGP Post Fire and BRIC are not required to perform a BCA if the assistance amounts are within the restrictions noted above for HMGP, HMGP Post Fire or within the limitations set forth in the relevant BRIC NOFO.