Short answer
A nonprofit facility is eligible if it provides a critical service (education, utilities, emergency services or emergency medical care) or a noncritical but essential social service that is open to the general public. Open to the public means use isn’t limited to a set group, access isn’t gated, and any fees are nominal and waived for those who can’t pay.
What FEMA requires
- FEMA first decides whether the nonprofit owns or operates an eligible facility that provides an eligible service.
- Critical services: education, utility, emergency and emergency medical care. Administrative and support facilities essential to a critical service are also eligible, such as kitchens, dormitories, storage, parking lots, access roads, offices, school gyms and playgrounds.
- Noncritical, essential social services must be provided to the general public. That means use is not limited to a set number of people, a group with a financial interest (like a condo association), certain classes of people, or an unreasonably small area; access is not restricted (for example by gates); and any membership fees are nominal, waived for those unable to pay, not so high they exclude much of the community, and in line with similar facilities.
- Facilities that restrict access because of their nature, such as senior centers, childcare, custodial care, rehabilitation or educational facilities, or houses of worship limited to members of a faith, still count as serving the general public.
- If a nonprofit leases its facility to another entity providing eligible services, FEMA reviews the lessee’s fees, not the lease cost.
- Facilities established or primarily used for political, athletic, recreational, vocational, conference, retreat or similar activities are ineligible.
- Nonprofits whose facilities provide only noncritical services must also apply for an SBA disaster loan for permanent work.
<table class="pt-table"><thead><tr><th>Service type</th><th>Examples</th><th>Must serve the general public?</th></tr></thead><tbody><tr><td>Critical services</td><td>Education, utilities, emergency services (fire, rescue, ambulance), emergency medical care</td><td>Not required</td></tr><tr><td>Noncritical, essential social services</td><td>Community centers, houses of worship, libraries, museums, homeless shelters, food banks, senior centers, childcare, zoos</td><td>Yes, unless access is limited for reasons tied to the facility’s nature</td></tr><tr><td>Ineligible services</td><td>Recreation, athletics, political activity, conferences, retreats, camps</td><td>Not eligible</td></tr></tbody></table>
Documentation
A list of the services provided in the damaged facility, when and to whom; membership rules, fee policy and fee waiver policy; and for administrative or support facilities, how they support a critical service.
Watch out · Govstar practitioner advice
Membership fees and controlled access are where noncritical facilities lose eligibility. If fees exist, have a written waiver policy and show that fees are in line with similar facilities.