To be eligible for public assistance, a facility must have been in active use at the time of the disaster. Inactive Facilities are not eligible. Exceptions tothis requirement occur when:
The facility was only temporarily inoperative for repairs or remodeling
The facility was unoccupied for a short period between tenants
Active use by the applicant was firmly established in an approved budget
The applicant can clearly demonstrate to FEMA that there was an intent to begin use withina reasonable amount oftime
To be eligible, a facility must have been in active use at the start of the incident period. Inactive facilities are not eligible, unless one of the following conditions is met:
• The facility was only temporarily inactive for repairs or remodeling (provided a contractor is not responsible for repair of disaster-related damage);
• The Applicant firmly established future active use in an approved budget; or
• The Applicant can clearly demonstrate its intent to begin use within a reasonable amount of time.72
The above criteria also apply to facilities that are partially inactive at the start of the incident period. Inactive portions are not eligible unless one of the exceptions noted above applies.
When eligible repairs benefit an area that was not in active use, FEMA prorates funding based on the percentage of the facility that was in active use. For example, if the roof of a partially used building is destroyed, FEMA limits the eligible cost to a prorated amount of the total cost to replace the roof based on the percentage of the building that was in active use.
For PNP facilities, more than 50 percent of the facility had to be in active use for an eligible purpose at the time of the incident in order for the facility to be eligible.
