Immediate Threat

Appeal Brief

Summary Paragraph

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the state of New Hampshire on April 3, 2020, with an incident period of January 20, 2020, to May 11, 2023. The Manchester School District (Applicant) requested reimbursement of $11,497.50 for self-cleaning handle wraps and elevator button covers used at its administration building. FEMA prepared Grants Manager Project 724161 to document the Applicant’s claim. FEMA issued a Determination Memorandum denying the claimed costs because the Applicant did not demonstrate that the items were either used for eligible cleaning and disinfection measures or approved surface disinfection products. The Applicant appealed, contending that these items, under FEMA’s COVID-19 policies, were also personal protective equipment or alternatively constituted temporary physical barriers. On January 23, 2025, the Region 1 Regional Administrator denied the appeal. FEMA found that the items did not constitute personal protective equipment (PPE) or temporary barriers under its COVID-19 policies. On March 14, 2025, the Applicant submitted its second appeal, reiterating its first appeal arguments.

Authorities

• Stafford Act §§ 403, 502.
• 44 C.F.R. §§ 206.206, 206.223(a)(1), 206.225(a).
• PAPPG, at 19-22, 57, and 133.
• O&O Policy, at 4-5; Work Eligible for Public Assistance Policy, at 3.
• Sumner County, FEMA-4514-DR-TN, at 3-4; Harris County, FEMA-4485-DR-TX, at 2.

Headnotes

• FEMA may provide assistance for cleaning and disinfection, done in accordance with Centers for Disease Control and Prevention guidance or that of an appropriate public health official available at the time the work was completed, including the purchase and provision of necessary supplies and equipment in excess of the applicant’s regularly budgeted costs, implemented to facilitate the safe opening and operation of all eligible facilities in response to COVID-19. Eligible measures also include the purchase and distribution of face masks and PPE, such as protective clothing, and the acquisition installation of temporary physical barriers, such as plexiglass barriers and screens/dividers to support social distancing.
  • Because the self-cleaning wraps and elevator button covers do not fall within the O&O Policy specific categories or any other comparable measure, the items do not qualify as PPE, cleaning and disinfection, or temporary physical barriers and are ineligible work. Accordingly, the costs for these items are ineligible for PA funding. 

Conclusion

The  claimed costs for self-cleaning handle wraps and elevator button covers are not associated with eligible emergency protective measures under FEMA’s COVID-19 policies. Therefore, this appeal is denied.

Appeal Letter

Appeal Analysis

Background

The corona virus (COVID-19) pandemic resulted in a major disaster declaration for the state of New Hampshire on April 3, 2020, with an incident period of January 20, 2020, to May 11, 2023.  Manchester School District (Applicant) requested $11,497.50 for the purchase of self-cleaning push bar or wide handle wraps, small handle wraps, and elevator button covers with two display labels from NanoTouch Materials, LLC.[1] The items have coated non-permanent self-adhesive plastic sheets which wrap around, and cover, touched areas, such as door handles, and react with UV light to provide a self-disinfecting surface. The Applicant used these items on high touch areas at its administration building between August 9, 2021, through February 9, 2022, to reduce the transmission of COVID-19.

On June 18, 2024, FEMA issued a Determination Memorandum (DM), denying the request. FEMA stated that the claimed costs were ineligible because the Applicant did not demonstrate that the handle wraps and elevator button covers were used to carry out eligible cleaning and disinfection measures in accordance with U.S. Centers for Disease Control and Prevention (CDC) guidance at the time the work was performed or that they fell under the surface disinfection products on the U.S. Environmental Protect Agency’s (EPA) List N.[2]

First Appeal

The Applicant submitted an August 15, 2024 dated first appeal and supporting documentation, including NanoSeptic/NanoTouch technology articles.[3] The Applicant acknowledged that the handle wraps and elevator button covers were self-cleaning products but contended that these items were personal protective equipment (PPE) or a temporary physical barrier purchased as a reasonable emergency protective measure pursuant to FEMA’s COVID-19 policies. The New Hampshire  Homeland Security and Emergency Management (Recipient) transmitted the first appeal to FEMA.

On January 23, 2025, the FEMA Region 1 Regional Administrator denied the appeal. FEMA found that the handle wraps and elevator button covers did not constitute personal protective equipment or temporary barriers under its Coronavirus (COVID-19) Pandemic: Safe Opening and Operation Work Eligible for Public Assistance policy (O&O Policy) or Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance policy (Work Eligible for Public Assistance Policy). FEMA added that the use of self-cleaning pesticidal devices and products not registered with the EPA or on List N was not recommended by the CDC when carrying out surface cleaning and disinfection. Accordingly, FEMA concluded that the Applicant did not perform an eligible emergency protective measure. 

Second Appeal

On March 14, 2025, the Applicant submitted its second appeal, reiterating its first appeal arguments. On March 26, 2025, the Recipient transmitted the Applicant’s second appeal to FEMA.

Discussion

FEMA is authorized to provide PA funding for emergency protective measures to save lives and protect public health and safety.[4] For emergency protective measures to be eligible, the applicant is responsible for showing the work is required due to an immediate threat resulting from the declared incident.[5] In response to COVID-19, eligible emergency protective measures include certain specific, limited measures implemented to facilitate the safe opening and operation of eligible facilities, such as cleaning and disinfection, the purchase and distribution of face masks and PPE, such as protective clothing (e.g., gowns, gloves), and the acquisition and installation of temporary physical barriers, such as plexiglass barriers and screens/dividers to support social distancing.[6] All work must be done in accordance with CDC guidance or that of an appropriate public health official available at the time the work was completed.[7] To be eligible, costs must be directly tied to the performance of eligible work, adequately documented, and necessary and reasonable to respond to the COVID-19 pandemic.[8] It is the applicant’s responsibility to provide documentation to substantiate its claim is eligible and to clearly explain how those records support its appeal.[9]

Here, the Applicant claims that the purchased handle wraps and elevator button covers constituted eligible PPE, temporary barriers, and cleaning and disinfection supplies.However, the Applicant has not provided documentation demonstrating that the claimed items are comparable to PPE (such as N95 masks, face shields, or protective clothing), physical barriers (such as plexiglass barriers or screens/dividers to support social distancing), or cleaning and disinfection supplies described under any of the specific categories listed within FEMA’s O&O Policy or any other COVID-19 policy. The Applicant has also not demonstrated that the purchase of the items was done in accordance with CDC guidance or that of an appropriate public health official available at the time the items were purchased and installed.[10] On the contrary, one article provided by the Applicant states that the NanoSeptic technology had not yet been approved by the CDC.[11] Accordingly, these items are ineligible for PA funding.

Conclusion

The  claimed costs for self-cleaning handle wraps and elevator button covers are not associated with eligible emergency protective measures under FEMA’s COVID-19 policies. Therefore, this appeal is denied.