44 C.F.R. § 63.18
Review of State certification by the Federal Insurance Administrator
The Federal Insurance Administrator, after a claim has been filed by the property owner, will review the certification and data prepared by the State. Upon completion of the review, the State will be notified that:
(a) The structure has been determined to be subject to imminent collapse, or
(b) The structure has not been determined to be subject to imminent collapse and the basis for such determination, or
(c) Additional data are needed to verify that the procedures and criteria for imminent collapse certification have been met.
Notes of Decisions
Cited in 2
cases, 1992–1994 · leading case: Stephen R. Burch Margaret R. Burch v. Federal Insurance Administration, and Its Director Federal Emergency Management Ag
Stephen R. Burch Margaret R. Burch v. Federal Insurance Administration, and Its Director Federal Emergency Management Ag (1994)
“44 C.F.R. § 63.18 . These provisions make clear that the final determination regarding imminent collapse certification lies with FEMA, and that FEMA may pass on state certifications on a case-by-case basis.”
Burch v. Director, Federal Insurance Administration (1992)
“§ 4013 (c)(1); 44 C.F.R. § 63.18 . In the present case, the plaintiffs, without consulting FEMA, went ahead and moved their home in December of 1990 while their claim was still pending.”
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