Immediate Threat

Appeal Brief

Summary Paragraph: 

On March 20, 2020, the COVID-19 pandemic resulted in a major disaster declaration for the state of New York, with an incident period of January 20, 2020, to May 11, 2023. The Bayport Blue Point Union Free School District (Applicant) requested $202,455.58 for various costs, including the purchase of water filter kits used to create touchless water fountains and rented storage containers that were used to store excess classroom furniture. FEMA issued a Determination Memorandum denying $57,061.70 for the water filter kits and rented storage containers, finding the items were not among the eligible emergency protective measures listed in applicable FEMA policies. The Applicant submitted a first appeal, asserting that the expenditures were related to the safe opening and operation of an eligible facility. The FEMA Region 2 Regional Administrator denied the appeal, finding that the water filter kits and rented containers to store classroom furniture were not considered eligible emergency protective measures. The Applicant submits a second appeal reiterating its first appeal position.

Authorities

• Stafford Act § 403(a)(3), 42 U.S.C. § 5170b(a)(3).
• 44 C.F.R. §§ 206.223(a)(1), 206.225(a).
• PAPPG, at 19, 57.
• FP 104-21-003, at 2, 4-5; FP 104-009-19, at 3-4.
• Fact Sheet, Eligible Emergency Protective Measures, at 1-2.
• City of Coeur d’Alene, FEMA-4534-DR-ID, at 2.
• Horseheads Central School District, FEMA-4480-DR-NY, at 3.

Headnotes

• 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.
• Touchless water fountains, and the rental of storage space are not among the list of eligible emergency protective measures in FEMA’s COVID-19 policies; therefore, these items are ineligible for Public Assistance funding.

Conclusion

The claimed work and costs are not associated with eligible emergency protective measures. Therefore, this appeal is denied.

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the state of New York on March 20, 2020, with an incident period of January 20, 2020, to May 11, 2023. The Bayport Blue Point Union Free School District (Applicant) requested $202,455.58 in Public Assistance (PA) funding for air filters, cleaning supplies, Personal Protective Equipment, plumbing supplies, and rented storage containers.^[1] The plumbing supplies were water filter kits used to create touchless water fountains while the rented storage containers were used to store furniture removed from classrooms to promote social distancing measures. FEMA created Grants Manager Project (GMP) 711406 to document the Applicant’s claim.

In a September 13, 2024, Determination Memorandum, FEMA denied $57,061.70 for the water filter kits and rented storage containers. FEMA stated that touchless water fountains and rented storage space for furniture were not associated with eligible emergency protective measures identified in FEMA’s COVID-19 policies. 

First Appeal

In a letter dated October 20, 2024, the Applicant submitted a first appeal asserting that the water filter kits and rented storage containers were critical emergency protective measures consistent with FEMA Policy 104-21-0003, Coronavirus (COVID-19) Pandemic: Safe Opening and Operation Work Eligible for Public Assistance (Interim), Version 2 (O&O Policy). The Applicant stated that the water filter kits and rented storage containers facilitated safe facility operations and reduced immediate threats to health. The Applicant explained the storage containers were necessary so that furniture could be removed from classrooms to allow for social distancing, and the water filter kits were necessary to reduce touch points to prevent the spread of COVID-19. In a letter dated December 18, 2024, the New York State Division of Homeland Security and Emergency Services (Recipient) forwarded the Applicant’s appeal to FEMA with a letter stating its support. 

On March 14, 2025, the FEMA Region 2 Regional Administrator denied the appeal. FEMA found that the water filter kits used for touchless water fountains and rented storage containers for excess classroom furniture are not among the eligible emergency protective measures in FEMA policy, nor are they eligible for the safe opening and operation of facilities.   

Second Appeal

In a letter dated May 8, 2025, the Applicant submitted a second appeal reiterating its assertions from the first appeal. The Applicant explains that at the height of COVID-19, it purchased and installed water filter kits on existing water fountains, effectively converting them into touchless water filling stations. The Applicant asserts that the use of touchless water fountains is consistent with FEMA’s O&O Policy for cleaning and disinfection because it eliminated the need and associated costs of constant disinfection of water fountain surfaces. Regarding the rented storage containers, the Applicant explains that, because its classrooms were not arranged for six-foot spacing between students, excess desks, tables, and equipment were moved to meet social distancing recommendations, consistent with the O&O Policy for temporary physical barriers. On July 10, 2025, the Recipient forwarded the Applicant’s appeal with a letter stating its support.^[2]

Discussion

FEMA is authorized to provide assistance for emergency protective measures to save lives and protect public health and safety.^[3] 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.^[4] 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, including cleaning and disinfection and the acquisition and installation of temporary physical barriers, such as plexiglass barriers and screens/dividers.^[5] FEMA may only provide assistance in response to COVID-19 declared events that is provided in accordance with a COVID-19 specific policy.^[6]

The Applicant requests funding for water filter kits and rented storage containers. However, the O&O Policy limits eligible work to specific categories of emergency protective measures to facilitate the safe opening and operation of eligible facilities. Installing touchless water fountains and moving excess classroom furniture to rented storage containers are not among the eligible emergency protective measures listed in the O&O Policy or any other FEMA COVID-19 policy.[7] Therefore, the claimed work and costs are ineligible for PA funding. 

Conclusion

The claimed work and costs are not associated with eligible emergency protective measures. Accordingly, the appeal is denied.