FEMA finds that the Applicant has not demonstrated the work and costs associated with enhancing two of its buildings were required to eliminate or lessen an immediate threat resulting from the declared incident. Therefore, this appeal is denied. Appeal Letter Rayana Gonzales Deputy Commissioner for Disaster Recovery Programs New York State Division of Homeland Security and Emergency Services 1220 Washington Ave Building 7A, Floor 4 Albany, New York 12242 Gregory Miglino Jr. President Brookhaven Ambulance Co., Inc. (DBA South Country Ambulance) PO Box 596 Brookhaven, New York 11719 Re: Second Appeal – Brookhaven Ambulance Co., Inc. (DBA South Country Ambulance), PA ID: 103-UFVR3-00, FEMA-4480-DR-NY, Grants Manager Project (GMP) 546907, Immediate Threat Dear Rayana Gonzales and Gregory Miglino Jr.: This is in response to the June 10, 2025 letter from the New York State Division of Homeland Security and Emergency Services, which forwarded the referenced second appeal on behalf of Brookhaven Ambulance Co., Inc. (DBA South Country Ambulance) (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $122,272.23 for construction services and materials. As explained in the enclosed analysis, I have determined that the work and cost associated with enhancing two of the Applicant’s buildings were not required to eliminate or lessen an immediate threat resulting from the declared incident. Accordingly, I am denying this appeal. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206. Sincerely, /S/ Robert M. Pesapane Director, Public Assistance Enclosure cc: Andrew D’Amora Acting Regional Administrator FEMA Region 2 Appeal Analysis Background The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for New York on March 20, 2020, with an incident period from January 20, 2020, to May 11, 2023. Brookhaven Ambulance Co., Inc. (DBA South Country Ambulance) (Applicant), a private nonprofit emergency medical services provider, requested $122,272.23 to build out administrative offices and storage areas, and customize a resting area in its administrative buildings.[1] The Applicant explained it consolidated its operations into two buildings to limit the challenges and costs of implementing COVID-19 protocols in its four existing buildings. The Applicant stated the consolidation enhanced the safety and security of its personnel. FEMA created Grants Manager Project (GMP) 546907 to document the requested work and costs. On December 8, 2022, FEMA sent a request for information to the Applicant asking for clarification about the contract and materials cost, including whether the work was temporary or permanent. The Applicant responded by referring to previously submitted documentation and indicating that the construction was permanent. In a Determination Memorandum on February 8, 2024, FEMA denied the project, finding the requested costs were not associated with an eligible emergency protective measure for the declared event. FEMA explained that permanent work is not authorized under the COVID-19 disaster declaration, nor is eligible for PA funding under FEMA’s COVID‑19 policies. First Appeal The Applicant submitted its first appeal in a letter dated April 3, 2024, requesting FEMA reconsider the denied costs.[2] The Applicant stated the renovations were not permanent and it had returned the space to its original purpose. Further, the Applicant explained that the enhancements were necessary to house its personnel in charge of the response and complied with FEMA recommendations. The New York State Division of Homeland Security and Emergency Services (Recipient) forwarded the Applicant’s appeal to FEMA with its support in a letter dated May 27, 2024. In a letter dated February 18, 2025, the FEMA Region 2 Regional Administrator denied $122,272.23 in contract costs and construction materials.[3] FEMA found the consolidation of operations and building renovations were not eligible emergency protective measures for the declared event based on FEMA’s COVID-19 policies. FEMA added that the Applicant did not show the renovations were temporary, and that it appeared the costs included decommissioning of two buildings. Second Appeal The Applicant submitted a second appeal on April 14, 2025, requesting the $122,272.23, and arguing that FEMA’s COVID-19 policies allow enhancements to existing facilities and that its emergency medical services tripled during the pandemic. The Applicant stated that the modifications to the buildings were to accommodate increased staff, maintain social distancing, and shelter personnel exposed to COVID-19. Regarding the decommissioning of two buildings, the Applicant reiterates that it simply closed two of the four buildings, while relocating personnel and equipment to the enhanced buildings, and this activity did not generate any costs. The Recipient transmitted the appeal in a letter dated June 10, 2025, recommending approval. The Recipient argues that under the Coronavirus (COVID-19) Pandemic: Safe Opening and Operation Work Eligible for Public Assistance (Interim) (Version 3) policy (O&O Policy),[4] the installation of physical barriers and storage of supplies are eligible costs. Discussion Eligible emergency work includes emergency protective measures to save lives and protect public health and safety.[5] To be eligible for Public Assistance, the items of work must be required as a result of the disaster, and the emergency protective measures must eliminate or lessen immediate threats to lives, public health, or safety.[6]Under the COVID-19 declarations, FEMA may provide assistance for eligible medical care, which may include reasonable alterations to a temporary or expanded medical facility necessary to provide medical care services.[7] FEMA may also provide assistance for eligible emergency protective measures that include certain specific, limited measures implemented to safely open and operate an eligible facility, including the acquisition and installation of temporary physical barriers and the purchase and storage of personal protective equipment and other supplies.[8] It is the applicant’s responsibility to provide documentation to substantiate its claim as eligible and to clearly explain how those records support its appeal.[9] Here, the Applicant states that it needed to build out administrative offices and storage areas and customize resting space in two of its administrative offices in response to the increased work due to COVID-19. The Applicant argues that FEMA’s COVID-19 policies permit enhancement to existing facilities. However, administrative buildings for ambulance services are not medical facilities under the Medical Care Policy.[10] Therefore, the renovations are not eligible alterations to an expanded medical facility necessary to provide medical care services under that policy.[11] FEMA’s O&O Policy allows for the purchase and installation of temporary physical barriers, such as plexiglass barriers and screens/dividers, to support social distancing.[12] However, it does not allow for the relocation of services for the purpose of social distancing or to continue operations.[13] The Applicant has not provided documentation to demonstrate that the requested costs were for temporary physical barriers. Instead, the Applicant consolidated and relocated operations to make it easier to implement COVID-19 protocols and social distancing measures and accommodate increased staff services. In addition, the Applicant’s submitted documentation and its statements during project formulation show the costs are related to building modifications beyond installing physical barriers. As an example, the contractor’s quote described the work to be performed as building administrative offices and storage areas, customizing rest areas, and decommissioning two buildings. Based on the above, the Applicant has not demonstrated that the requested costs are associated with eligible emergency protective measures under the O&O Policy, or any of FEMA’s other COVID-19 policies. Conclusion