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Chapter 4 › I.B Inactive or Partially Inactive Facility

Is a facility eligible if it wasn’t fully in use when the disaster hit?

FEMA term
Inactive or partially inactive facility
Short answer

Generally no. A facility must be in active use when the incident period starts. The exceptions: it was only temporarily closed for repairs or remodeling, its future use was set in an approved budget or plan, or you can clearly show you intended to put it back in use soon. A facility that was only partly in use is funded in proportion to the share that was active.

What FEMA requires

  • Inactive or partially inactive facilities are ineligible unless one of three conditions is met: it was temporarily inactive for repairs or remodeling (as long as a contractor is not responsible for repairing the disaster damage); future active use was established in an approved budget or plans; or you can clearly show intent to begin use within a reasonable time.
  • Inactive portions of a partly occupied facility are ineligible unless one of those conditions applies.
  • The facility must have been eligible while it was in use.
  • Repairs that also benefit an inactive area are prorated by the percentage of the facility in active use. If the roof of a partly used building is destroyed, FEMA pays only that share of the replacement cost.
  • A private nonprofit mixed-use facility is eligible only if more than 50 percent of it was in active use for an eligible purpose at the time of the incident.

Documentation

Evidence the facility was in active use when the incident period began, such as occupancy, operating or utility records. For an exception: the repair or remodeling contract, the approved budget or plan for future use, or documents showing your intent to resume use soon. For partly used facilities, records of the share of space in active use.

Watch out · Govstar practitioner advice

Vacant or mothballed buildings are a common denial. If part of a building was empty, expect FEMA to prorate shared repairs such as roofs. Document the occupied square footage yourself before FEMA estimates it for you.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.