Chapter 3 › V.D–I Multiple Facilities; Mixed-Use; Multiple Services; Multiple Entities; Leased Facilities

How does FEMA decide eligibility for a nonprofit building with more than one use?

FEMA term

Multiple facilities; mixed-use facility; mixed-use space; multiple services; use by multiple entities; leased facilities

Short answer

By primary use, measured by physical space. A building is eligible only if more than 50 percent of its space, not counting common areas like hallways and restrooms, is used for eligible services, and FEMA then prorates funding to that share. Where the same room serves eligible and ineligible uses, operating time decides it. Each building is evaluated on its own.

What FEMA requires

Multiple facilities: each building is evaluated independently. Buildings in a complex with outdoor facilities such as pools or fields are not evaluated separately from the complex. Support facilities are judged by the purpose of what they support.
Mixed-use facility: primary use is the use for more than 50 percent of physical space, evaluating the whole structure. Common space is excluded. If 50 percent or more is ineligible, the whole facility is ineligible. If eligible, FEMA prorates funding; you must restore the entire facility to receive funding for the eligible portion.
Eligible PNP irrigation and public broadcasting facilities are exempt from the primary use test.
FEMA does not calculate critical vs. noncritical use within a facility, only eligible vs. ineligible.
Mixed-use space: for space used for both eligible and ineligible services, primary use is the use for more than 50 percent of operating time. If you can’t support that, the space is left out of the calculation.
Multiple services: FEMA looks at IRS documents, pre-disaster charter and bylaws, and evidence of routine day-to-day use.
Multiple entities and leases: see the table. Funding is prorated by the share the applicant owns and dedicates to eligible services.

<table class="pt-table"><thead><tr><th>Situation</th><th>Rule</th></tr></thead><tbody><tr><td>Several buildings</td><td>Each building is evaluated separately, even on the same grounds</td></tr><tr><td>Mixed-use building</td><td>Eligible only if more than 50% of physical space is for eligible services; common space is excluded; funding is prorated</td></tr><tr><td>Same space used for eligible and ineligible services</td><td>Counts as eligible only if more than 50% of operating time is for eligible services</td></tr><tr><td>PNP owns all and leases part out</td><td>Eligible if more than 50% is dedicated to eligible services</td></tr><tr><td>PNP owns part of the building</td><td>Eligible if it owns more than 50% and more than 50% of space is for eligible services</td></tr><tr><td>Leased to another eligible PNP</td><td>Eligible; the one legally responsible for maintenance applies</td></tr></tbody></table>

Documentation

Floor plans with square footage by use (excluding common space), schedules showing operating time for shared spaces, IRS documents, pre-incident charter and bylaws, a calendar of activities showing day-to-day use, ownership records, and any leases.

Watch out · Govstar practitioner advice

Exactly 50 percent is not enough; it must be more than half. Measure the space yourself and document the operating schedule for shared rooms. If the eligible share is close, the measurement method decides the outcome.

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.