When discussing buildings and equipment in Category E projects, it is important to understand what exactly is being addressed.

Buildings include:

• All structural and non-structural components, including mechanical, electrical, and plumbing systems
• Contents and equipment within the building
• Furnishings

Certain items can be confused as to whether they are considered equipment or supplies. 2 Code of Federal Regulations describes both in detail, while 2 Code of Federal Regulations Part 200.94 defines supplies, "Supplies means all tangible personal property other than those described in 200.33 Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life."

Select the following link to access 2 Code of Federal Regulations.

In accordance with 44 Code of Federal Regulations 206.201(c): A facility is defined as:

Any publicly or privately-owned buildings, works, system, or equipment—built or manufactured—or an improved and maintained natural feature.

For the purposes of this course, we will be addressing facilities that are considered for Public Assistance Category E Projects involving building and equipment.

For buildings and buildings systems, distinguishing between damage caused by the incident and pre-existing damage may be difficult. Before making an eligibility determination, FEMA considers each of the following:

• The age of the building and building systems
• Evidence of regular maintenance or pre-existing issues, such as water damage from a leaky roof
• The severity and impacts of the incident

Mold remediation and removal of mud, silt, or other accumulated debris is eligible as Permanent Work when conducted in conjunction with restoration of the facility.

FEMA has specific eligibility criteria for evaluating and repairing earthquake damage to buildings constructed with welded steel moment frames. FEMA bases the eligibility criteria on Recommended Post Earthquake Evaluation and Repair Criteria for Welded Steel Moment Frame Buildings (FEMA 352).

The repair of the damaged frame connections to pre-earthquake design in FEMA 352, Chapter 6, is eligible, but only if FEMA approves a specific statement of work for the repairs prior to the Applicant performing the work. Repair of the architectural finishes and fire retardants removed in the area of the damage are also eligible.

Repairing damaged—or replacing destroyed—equipment and supplies with the same number of equivalent items is eligible. Equivalent items are similar in age, condition, and capacity.

The Applicant may replace equipment or supplies with different items used for the same general purpose. However, FEMA caps the eligible cost at the estimated amount for items equivalent to those damaged.

When equipment is not repairable, FEMA uses "blue book" values or similar price guides to estimate the eligible cost.

When a used item is not reasonably available (within a reasonable cost, time, or distance) or does not meet applicable national consensus standards, the purchase of a new item with similar capacity is eligible.

For example, vehicles such as Police cars may not be available in the same make, model, year, or relative mileage. However, there are similar types of vehicles available with similar engine capacity and capabilities. These are some considerations for this type of replacement.

If the cost to replace the item is less than the cost to repair it, FEMA limits Public Assistance funding to the replacement cost.

Eligible activities associated with the recovery of files include, but are not limited to:

• Recovery of damaged hard copies
• Stabilizing the damaged hard copies
• Sanitizing damaged hard copies
• Photocopying or scanning damaged hard copies to re-establish files
• Recovering data from water-damaged computer hard drives

Recovery of damaged hard copies includes labor and materials, such as bags, boxes, and containers. Stabilizing damaged hard copies includes freeze drying. Photocopying or scanning includes labor and materials such as new folders and paper.

Not all activities are eligible. Examples of ineligible activities include:

• Establishing new information databases
• Manually entering data that was lost in damaged computers
• Scanning re-established hardcopy files into computers to create digital files
• Deciphering photocopies of damaged hard copies

Reagents and specimen collections are eligible for replacement based on the following criteria:

• The number of units of each reagent eligible for replacement is equal to the number actually lost OR to the number necessary to restore basic research activity, whichever is less
• FEMA reimburses the purchase price from commercial sources or other institutions, whichever is less. The replacement of reagents that are so unique that they are considered an outcome of a research program is not eligible
• Replacing a representative, but not necessarily a whole portion, of a specimen collection may be eligible. To be eligible for replacement, the specimen types should be available for purchase from commercial sources

Animals housed or exhibited in an eligible facility are eligible for replacement with the same number of comparable animals if they are:

• Injured to the extent they are no longer able to function for the intended purpose
• Killed
• A destroyed specimen
• A damaged specimen that is not recoverable
• The animal is not eligible for replacement if a comparable animal is not available for purchase or the Applicant is unable to obtain a comparable at a reasonable cost

Eligible animals may include, but are not limited to:

• Police Animals
• Trained and certified rescue dogs
• Animals in museums, zoos, or publicly owned nature centers
• Fish in fish hatcheries
• Taxidermy specimens
• Animals used by rehabilitation facilities as part of diagnosis or treatment
• Laboratory animals used in an active research program
• The replacement of animals on loan to an eligible facility at the time they are destroyed is eligible if the Applicant is able to provide documentation that establishes legal responsibility

Additionally, FEMA may provide Public Assistance funding for actions taken to save the lives of these animals as a Category B emergency protective measure.

Reference: FEMA Public Assistance Program and Policy Guide: Buildings and Equipment (Category E)

Collections and individual objects are artifacts, specimens, artworks, archives, public records, and other items that are often considered irreplaceable because of their artistic, educational, historic, legal, scientific, or social significance. They are nonliving and, therefore, do not include animals or plant material, and are usually one-of-a-kind.

Eligible collections and individual objects may be in storage or on display in a public or private non-profit facility and may include items located outdoors, such as sculptures and public art installations.

Stabilization of damaged collections or individual objects is eligible. Stabilization is a series of treatment measures to maintain the integrity of a collection or object, and to minimize deterioration.

Stabilization involves taking the minimum steps necessary to return a collection or object to a condition in which it can function in the same capacity as it did prior to the incident.

This includes:

• Treating damaged items through proper environmental controls, such as temperature and humidity
• Chemical or mechanical cleaning to stabilize items to prolong their existence, maintain their integrity, and minimize further deterioration from the damaging effects of the incident

Additional treatment beyond stabilization is eligible if it is necessary to maintain the integrity of the collection or object and return to its pre-disaster function.

In some cases, costs associated with restoring an item to pre-disaster, but not original condition may be eligible.

For example, repairing a tear in a painting that was a direct result of the incident may be eligible, whereas costs to remove signs of pre-disaster aging, such as layers of old varnish, are not eligible.

Costs associated with the development of a treatment plan for a damaged collection or individual object are eligible.

Collections and individual objects damaged to the extent that stabilization is not practicable or possible, are considered destroyed. Replacement of destroyed collections or individual objects is not eligible.

Restoring materials, equipment, and exhibition furnishings associated with the storage, display, preservation, or exhibition of collections and individual objects is eligible.

These may include, but are not limited to:

• Equipment regulating temperature or humidity
• Exhibit panels
• Models
• Video and audio equipment

Replacement of damaged or destroyed library books and publications is eligible based on the pre-disaster inventory of the quantities of the books and publications. Re-shelving, cataloging, and other work incidental to the replacement of library books and publications is also eligible.

However, special library collections, including rare books, manuscripts, and other fragile materials, are only eligible for treatment, not replacement.

Reference: FEMA Public Assistance Program and Policy Guide: Buildings and Equipment (Category E)