service@phta.org
As states and local jurisdictions have begun to reopen, PHTA has put together reopening resources, which include guidance for public aquatic facilities to consider as well as retailers. In addition, PHTA is updating where state and localities stand on the reopening of pools, that list and all reopening resources can be found here.
COVID Liability Issues
PHTA has been closely monitoring legislation at the state and federal levels that may impact COVID liability exposure for your business. A majority of these bills are being considered to protect businesses, health care providers, schools, and government entities from lawsuits brought as a result of the pandemic. Typically, state legislation requires gross negligence on the part of the defendant for a lawsuit to move forward. The length of time a lawsuit can be initiated is also included in many state bills. A list of pending and enacted legislation can be found here.
Essential Worker Designation
The following information was compiled to provide tools and information on how to advocate that our industry be considered essential during Shelter In Place Orders. In addition, State Orders related to essential worker classification is provided below.
Many states and local jurisdictions have or are in the process of issuing directives affecting employers and various business establishments. The information below is intended as a general guide to Executive Orders of certain states. The information is by no means complete or up to the moment, as it is impossible to keep abreast of edicts from 50 states and hundreds of counties or cities.
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By accessing this information you are agreeing that 1) the information does NOT constitute legal advice, 2) that neither PHTA nor its employees, retained professionals or volunteer members are liable in any way for any inaccuracies or errors in this information, or for any damages allegedly incurred as a result of any claimed reliance on this information.
ALL MEMBERS ARE ADVISED TO SEEK THEIR OWN LEGAL COUNSEL AND/OR SPECIFIC GUIDANCE FROM THE APPROPRIATE GOVERNMENT AUTHORITY.
Recent Podcasts with PHTA Leadership
Ask the Masters Podcasts:
2020 State and Local Government Responses to COVID-19
Ways to Explain We are Essential
STEP ONE
To determine if your company already qualifies as exempt in your jurisdiction, access any government directive and/or guidance being issued by your jurisdiction.
PHTA is working to compile this information on our website and encourage you to share any information you learn with our Government Relations team.
STEP TWO
Find those officials in your state who are making decisions on who is considered essential versus non-essential. These decision-makers may differ across the country, but can include your:
You can also contact PHTA directly for assistance in targeting the correct officials.
STEP THREE
Provide those officials with both this memo and the U.S. Department of Homeland Security document and consider using this suggested template letter for your requests to your elected officials. Additionally, if there is an opportunity to request a designation by your jurisdiction via online portal or any other electronic means we suggest using the template letter (portal links that are available can be found under each State Order dropdown).
STEP FOUR
State and local officials and agency staff are inundated by calls and emails from their constituents, and many offices are finding it impossible to respond to all of them during this time.
If you have a relationship with anyone in government - either elected officials or agency staff - PHTA urges you to leverage those relationships and ask for direction and assistance. We've also created talking points that you can use to inform your lawmakers about the value of our industry. Leverage the PUBLIC HEALTH and SAFETY aspects of the work that we do.
Further, if you are in a state where PHTA or other pool and hot tub industry groups have direct lobbying representation, we urge you to work through them.
With the number of reported infections increasing, states have begun issuing orders restricting various activities to mitigate against further spread of the Coronavirus. While each state (and in some cases each county or city) decree must be reviewed by the affected business for its specific prohibitions and exclusions, there are some similarities and patterns worth noting.
First, most states by now have mandated some restrictions on public gatherings, including banning all gatherings over a certain number of people, closing bars, closing or restricting the number of patrons in eating establishments, closing parks, water parks, public beaches, spas, gyms, etc. These orders, as well as the more restrictive orders discussed below, are invariably issued by the Governor’s office.
In addition, a number of states have now issued what is often referred to as “Stay at Home” Orders or the equivalent. These orders typically address:
Some orders address one or the other. Most address both. In each category, however, the orders identify a number of exemptions or exclusions for what is determined to be “essential” businesses or services.
While those exclusions are usually listed in the order itself, in some cases, this task has been left to the applicable state agency, which may be the Department of Health (OH), the Office of Economic Development (NY), etc.
Other states, such as CA, simply refer to the United States Cybersecurity and Infrastructure Security Agency (CISA) Memorandum on Identification of Essential Critical Infrastructure Workers During Covid-19 Response.
PHTA has provided a copy of this memorandum in previous communications to our members that highlight key provisions under which we believe segments of our industry may fall.
To provide guidance and help you and your company navigate COVID-19, make sure to visit our Coronavirus webpage.
If you have any questions, please reach out to phta@phta.org.
While the list of exclusions does vary, there are some patterns worth noting.
FIRST
Most Orders exclude construction work, as well as skilled trades, such as electrical and plumbing. (NOTE: In some states, pool contractors are licensed under “plumbing.”)
SECOND
Most Orders contain exceptions for maintenance and sanitization of residences, as well as business facilities that are allowed to remain open.
As explained in our memo for Elected Officials, “The pool and hot tub industry professionals are responding to the dynamic situation and aggressively moving to ensure that the business of maintaining clean, safe and healthy recreational bodies of water does not enable the spread of COVID-19 or waterborne pathogens such as Pseudomonas, Cryptosporidium, E. Coli, Shigella, etc. as well as ancillary diseases (Zika Virus, West Nile Virus, etc.).
We firmly believe the companies that supply pool sanitization and disinfection materials (through manufacturing, distribution or retail stores), the companies that manage the maintenance of swimming pools, hot tubs and other artificial bodies of water and the companies currently constructing inground pools and spas are essential to preventing the transmission of infectious diseases, helping maintain community health, and ensuring public safety.
These efforts will avoid creating additional vectors for the spread of this virus and/or other complicating diseases which might compound the challenges currently facing our health care infrastructure.”
THIRD
Some states specifically exempt chemical manufacturing.
FOURTH
A number of states exempt distribution and warehousing.
FIFTH
Where retail closures have been ordered, exemptions have often been established for “hardware” and/or “home improvement,” as well as for retail necessary to support other essential infrastructure or services, such as sanitization, or contractors.
We cannot, however, provide you with legal advice. Please consult your own attorney, who will be more familiar with your specific business and jurisdictions. You can also contact the applicable agencies for more information or clarification. Several states have already established a link/portal to request designation or information. Take advantage of those as much as possible.
State Orders
As of June 9, 2020 | 11:30 AM
The EO is broad and appears to cover all segments of the pool & hot tub industry as falling under categories to be considered an essential business: maintenance/service, retail, distribution, construction, and manufacturing. The EO with highlighted provisions and comments can be found here:
Relevant exceptions include:
Non-essential businesses can continue to operate activities that do not require on site or in person transactions.
Essential services include:
California State Documentation
California references the U.S. CISA guidance as it relates to critical provisions applicable to the pool and spa industry by the:
California and many county orders also provide clear language that construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) are essential.
Relevant Exemptions Include
Connecticut State Documentation
The order directs all non-essential businesses and not-for-profit entities in Connecticut to prohibit all in-person functions if they are able to, effective Monday, March 23, 2020 at 8 p.m. The governor is encouraging all businesses to employ, to the maximum extent possible, any telecommuting or work-from-home procedures that they can safely implement.
Connecticut appears to be following the federal (US CISA memo) guidance. View the Overview of the State Order. Below is a list of potentially relevant exemptions for essential businesses. Note that pool service and maintenance and construction are specifically exempt.
1. Essential workers in the 16 Critical Infrastructure Sectors, as defined by the federal Department of Homeland Security unless otherwise addressed in a prior or future executive order pertaining to the existing declared public health and civil preparedness emergency.
4. All manufacturing and corresponding supply chains, including aerospace, agriculture, and related support businesses
5. Retail including:
7. Services including:
9. Construction including:
10. Services necessary to maintain the safety, sanitation and essential operations of all residences and other buildings (including services necessary to secure and maintain non-essential workplaces):
6/8/2020 5:30 PM (ET)
Delaware's Reopening: Phase II
Delaware State Documentation
Governor John Carney on Tuesday announced that Phase 2 of Delaware’s economic reopening will begin at 8:00 a.m. on Monday, June 15.
Retail establishments, restaurants and other businesses that were permitted to open at 30 percent of stated fire capacity in Phase 1 may expand to 60 percent of stated fire occupancy in Phase 2.
Relevant examples of essential businesses include:
5/14/2020 3:15 PM (ET)
May 13: Mayor Muriel Bowser has extended D.C.'s stay-at-home order for an additional three weeks until June 8. All non-essential businesses have been ordered to close through June 8. Originally, the order was set to expire on May 15. Bowser said that infections have not declined enough to start officially reopening the capital, although new cases in the District have declined over the last four days.
Currently D.C. you can:
Relevant exceptions include:
5/22/2020 2:25 PM (ET)
Executive Order 20-112
Phase 1 FAQs for E.O. 20-112
Florida State Documentation
Relevant exemptions include:
No current statewide order applicable to the industry; however, the GA Department of Economic Development has been asked to track the ‘exclusion’ requests in case there is a mandated shutdown.
Companies are being asked:
Location (address if an individual company, ’statewide’ if a trade organization
Type of Industry
Point of Contact (name, phone, email)
Reasons for exclusion request
There are 12 different GDEcD districts in GA. The contacts on this map are who our GA members should be emailing/contacting, using the guidelines above.
Relevant exemptions include:
Relevant exemptions include
Businesses that supply other essential businesses with the support or supplies necessary to operate – Businesses
5/19/2020 1:09 PM (ET)
EXECUTIVE ORDER 2020-32
Essential Businesses & Operations Frequently Asked Questions
The Illinois Department of Commerce and Economic Opportunity has issued guidance for essential businesses on May 15.
Non-Essential Retail: Non-essential retail stores may reopen to fulfill telephone and online orders through pickup outside the store and delivery. Employees working in these stores must follow the Social Distancing Requirements and must wear a face covering when they are unable to keep six feet distance from another employee or a customer.
Businesses and operations currently considered essential:
The FAQ above has requirements for essential retail stores, construction, manufacturing and others.
Section 1, Number 9 exempts:
essential infrastructure, which includes construction, building management and waste, distribution centers. The term essential infrastructure is to be interpreted broadly.
Section 1, Number 12 exempts:
a. “stores…that sell products necessary to maintaining the safety, sanitation, and essential operation of residences…..”
j. Hardware and home improvement
k. Critical trades including building and construction tradesmen and tradeswomen.
Effective March 24, 2020 at 11:59 p.m.
Exempts
Also specifically:
Relevant exemptions include
Relevant exemptions include
All non life sustaining retail closed
Relevant exemptions
Building materials and equipment
Hardware
Does not address contracting and construction.
Louisiana offers the following provisions:
5/14/2020 3:15 PM (ET)
Back to Business: Safety Best Practices
Maryland State Documentation
May 13: Gov. Larry Hogan will lift Maryland's stay-at-home order at 5 p.m. on Friday. Montgomery and Prince George's counties will not reopen with the rest of the state due to higher coronavirus case counts.
Hogan said the following businesses can begin to reopen at 50 percent capacity, with continued social distancing enforced and the wearing of masks strongly encouraged:
Maryland has provided Interpretative Guidance that follows the U.S. CISA Guidance (See discussion on California above). The Maryland guidance also specifically says:
The list in #2 above is non-exhaustive. The fact that a particular business, organization, or facility is not included in the list does not mean it is excluded from the federal critical infrastructure sectors. Please consult https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 for additional guidance about what is and is not included in the federal critical infrastructure sectors
6/9/2020 11:15 AM (ET)
Executive Order No. 35 (June 1)
RETAIL BUSINESS SPECIFIC SAFETY STANDARDS
Road to Reopening Massachusetts
Reopening Massachusetts PowerPoint
June 9: Governor Charlie Baker issued an Order to outline the guidelines for Phase II of reopening MA. Phase II goes into effect June 9. This order allows businesses included within Phase II of re-opening to open their physical workplaces and facilities to workers for the purpose of preparing for a Phase-II re-opening. This allows retail stores specifically to move beyond the curbside pickup and on-line fulfillment to have open doors as long as protocols and guidelines are met.
This measure designates the following as Phase II businesses:
May 20: PHTA continues to monitor the phased reopening in Massachusetts, specifically with retail. Retail will be allowed via curbside fulfillment until Phase 2. Before businesses reopen, the Commonwealth is asking those prepared to reopen to sign a compliance checklist. As businesses prepare to resume operation, the Commonwealth has provided checklists for multiple sectors including:
In addition, guidance has also been provided for:
PHTA submitted a letter to Governor Baker on April 28. In the letter, we highlighted the need for pools to be maintained by industry professionals, which for the most part has been the case. However, in order to accomplish this, it is imperative products are available to do so, via industry retail stores.
The letter explained that without proper pool and hot tub maintenance (which includes circulation and treatment of water) various pathogens can grow, such as Pseudomonas, Cryptosporidium, E. Coli, Shigella, etc. It can also create a breeding ground for mosquitoes, other pests and the diseases (West Nile Virus and Zika Virus) they may carry, which presents a risk not only to bathers but to the entire community at large.
Additionally, the Governor has requested the Legislature take steps to ensure the Commonwealth is prepared to respond and work to prevent another spike in Eastern Equine Encephalitis – this mosquito-borne virus was a challenge for Massachusetts last year. The state’s EEE website specifically notes “Keep swimming pools clean and properly chlorinated; remove standing water from pool covers.” In order to accomplish this, it is imperative the products are available to do so, via industry retail stores.
*Note the Mass Order that was updated on March 31 reflects CISA 2.0 with Mass amendments.
What follows are provisions from the Order as well as relevant FAQs listed on the Mass website:
Chemical
Chemical FAQ
Construction-Related Activities
Construction-Related Activities FAQS
Other FAQS
May 1 Updated State Order EO 2020-70
April 24 Governor's Press Release
PHTA Letter to Speaker Chatfield
PHTA Michigan Position Statement
On Friday, May 1, the Governor signed three more executive orders, this included EO 2020-70, which extends the Stay-At-Home order through May 15. However, this new order provides for the reopening of certain types of work that are typically outdoors and are considered low risk for spreading the virus. This includes residential and commercial construction, which can resume May 7. Governor Whitmer has issued the following guidance that must be followed in order to operate:
Under the order, construction sites must adopt a set of best practices to protect their workers from infection. Those practices include:
As reported last week, the Governor’s previous order added in provisions that provided clarity that our service and maintenance industry, as well as retail, could get back to work, following certain guidance. This latest order, not only provides for the opening of the construction segment of our industry, but also adds additional language that states:
Effective at 12:01 am on May 7, 2020, and subject to the enhanced social-distancing rules described in section 11(h) of this order, workers who perform work that is traditionally and primarily performed outdoors, including but not limited to forestry workers, outdoor power equipment technicians, parking enforcement workers, and similar workers.
It should be noted that this provision provides further backing for our service/maintenance pool and hot tub professionals.
On April 24, 2020 Governor Whitmer issued a press release and a new Order (2020-59) that extended Michigan’s “Stay Home, Stay Safe” order through May 15. The new Order lifted some restrictions on outdoor activities and allows some workers who previously were not allowed to work, to resume activities. This order took effect immediately. This is great news for our retail and service segments, as we believe this new Order provides opportunities for these segments to get back to work, subject to the strict social distancing requirements.
Specifically, Section 10 (A & D) of the Order permits resumption of activity by:
In addition, as a result of the tireless efforts of PHTA, our Michigan Chapter and many individual members, we were able to obtain the following clarification from the Governor’s office in direct response to an inquiry concerning the service and maintenance of pools and tot tubs. “Pursuant to Executive Order 2020-42 the business is considered essential “If the work is necessary to maintaining the safety, sanitation, and essential operation of residences.”
The letter can be downloaded here
PHTA believes that the revised Order and clarification will:
All businesses must adhere Section 11(h) of the new Order, which provides:
In addition, the new Order requires, as of April 26, 2020 at 11:59 pm that “All businesses and operations whose workers perform in-person work must, at a minimum, provide non-medical grade face coverings to their workers.”
PHTA recommends that its members download a copy of the new Order and Press Release, as well as this letter, to have at their place of business and in their trucks.
On April 26, Attorney General Dana Nessel issued a press release addressing the shortage of face masks/covering that businesses need to resume operation and comply with the Governor’s Order. She is requesting law enforcement officials throughout the state to consider the “good faith efforts of businesses that have tried, but have been unsuccessful in obtaining appropriate face coverings…”
Mississippi State Documentation
Executive Order No. 1463
Mississippi provides language that would cover all our industry segments: maintenance/service, retail, distribution, construction, and manufacturing. They do this by providing their own list of essential businesses and also citing the US CISA guidance.
The EO provides the CISA guidance for what qualifies as essential businesses, which PHTA believes covers our industry segments: maintenance/service, retail, distribution, construction, and manufacturing. In addition, the order allows for businesses that do not qualify as an essential business under the CISA guidance to stay open as long as they comply with the social gathering and social distancing requirements of the Order.
https://governor.mo.gov/stay-home-missouri-order-guidance-and-frequently-asked-questions
Relevant exemptions include
New Hampshire State Documentation
Relevant exemptions include
New Jersey Executive Order 142
On May 13, Governor Murphy signed Executive Order 142 which goes into effect 6:00 AM on Monday, May 18, 2020. The Order states:
Non-Essential Construction: All construction projects must abide by the social distancing, safety, and sanitization requirements that are described in detail in the Governor's Executive Order:
Curbside Pickup at Non-Essential Retail Businesses:
The Order also permits non-essential retail businesses to allow curbside pickup of goods, beginning at 6:00 a.m. on Monday, May 18, but businesses must continue to have their in-store operations closed to customers. Businesses who choose to offer curbside pickup must abide by the requirements in the Order, which include but are not limited to the following:
Retail businesses operating in shopping malls are permitted to operate by curbside pickup, in accordance with the other requirements, but staff must bring the goods to customers at the exterior of the mall. The indoor portions of shopping malls must remain closed.
New Mexico State Documentation
Relevant exemptions include:
5/28/2020 3:38 PM (ET)
New York Forward Book
Regional Monitoring Dashboard
Phase 1: Construction Guidelines
Phase 1: Retail Guidelines
On Wednesday, May 27 Governor Cuomo announced Long Island can now proceed with Phase 1 of reopening. This includes: manufacturing, construction, wholesale trade, and retail stores (for curbside pick-up only).
May 22: Governor Cuomo announced his plans to allow the Mid-Hudson region and Long Island to move into Phase 1 reopening sometime next week. Long Island and the Mid-Hudson region are permitted to ramp up construction in anticipation of Phase I. New York City has met four of Gov. Cuomo’s seven criteria to reopen thus far. NYC is expected to follow Long Island and the Mid-Hudson region into Phase 1 in the near future, based on data by the State Health Department and the Governor’s office.
May 14: Certain regions in New York are set to proceed with “Phase one” of reopening on Friday, May 15. These regions are mostly rural and upstate. The regions reopening with Phase 1 are: Long Island, Finger Lakes, Central New York, Mohawk Valley, Southern Tier and the North Country. Counties within include: Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, Yates Cayuga, Cortland, Madison, Onondaga, Oswego, Fulton, Herkimer, Montgomery, Oneida, Otsego, Schoharie, Broome, Chemung, Chenango, Delaware, Schuyler, Steuben, Tioga, Tompkins Clinton, Essex, Franklin, Hamilton, Jefferson, Lewis, and St. Lawrence.
Phase 1 Reopening Includes:
New York has outlined both mandatory and recommended actions for businesses to take. See New York’s overview for what you need to do to prepare your business for reopening at: https://forward.ny.gov/industries-reopening-phase
On April 16th, our affiliate NESPA received the following communication from the Empire State Development Corporation:
Businesses that provide “essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses” including general maintenance are deemed essential. While this does not explicitly mention service related to the opening and maintaining swimming pools, it would include any service to ensure the safety, sanitation and general operations of the residence or building.
This communication appears to allow for not only the continued maintenance of pools and hot tubs that were already open, but now would allow for the opening of pools and hot tubs that are still currently winterized. This aligns with information provided by NESPA and PHTA that included the critical health and safety aspects of why opening pools and hot tubs are necessary in order to prevent dangerous situations, including the development of waterborne and mosquito borne diseases. Please note opening in this case is not meant to patrons, but is meant for the continued maintenance of public pools, and ability to use ones backyard pool or hot tub.
FAQ for Companies Located or Operating in New York State (prepared by NESPA and PHTA)
Closes all places of employment except for non-essential services.
Guidance has been issues defining essential services
Request designation as an essential business
For purposes of Executive Order 202.6, "Essential Business" means:
3. Essential Manufacturing, including:
4. Essential Retail, including:
5. Essential Services, including:
9. Construction, including:
All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site).
Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation.
For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site."
11. Essential Services Necessary to Maintain the Safety, Sanitation and Essential Operations of Residences or Other Essential Businesses, Including:
SUMMARY
Essential services include:
Exempts
Also specifically:
NOTE THIS IS A SHELTER IN PLACE ORDER
As per the state FAQs:
5/21/2020 4:48 PM (ET)
Phase 2: Executive Order No. 141
Frequently Asked Questions on Phase 2
Phase 1: Executive Order No. 138
North Carolina State Documentation
On Wednesday May 20, Governor Cooper issued Executive Order No. 141 and announced Phase 2 to begin at 5:00pm on Friday, May 22, 2020 and remain in place until June 26, 2020, unless changed or cancelled. This order lifts the statewide Stay at Home Order and moves the state to a Safer At Home recommendation.
Retail:
All open retail businesses must:
Retail businesses allowed to open in Phase 1 at 50% capacity will continue at that level. Some businesses will remain closed in Phase 2 including: bars; night clubs; gyms and indoor fitness facilities; indoor entertainment venues such as movie theaters, and bowling alleys.
Relevant exemptions include
5/21/2020 5:03 PM (ET)
Ohio State Documentation
Ohio State Documentation
Number 9:
Exempts essential infrastructure, which Includes construction, building management and waste, distribution centers. The term essential infrastructure is to be interpreted broadly.
Number 12:
Exempts:
a. “stores…that sell products necessary to maintaining the safety, sanitation, and essential operation of residences…..”
j. Hardware and home improvement
k. Critical trades including building and construction tradesmen and tradeswomen.
Does not prohibit construction, service or maintenance
Where work from home is not possible, social distancing must be maintained.
Must designate an employee or officer to develop policies.
6/16/2020 5:50 PM (ET)
Process to Reopen Pennsylvania
Governor Wolf’s Reopening Guidance
Governor Tom Wolf (D) announced that Dauphin, Franklin, Huntingdon, Luzerne, Monroe, Perry, Pike, and Schuylkill Counties are moving to the Green phase of the Governor's Process to Reopen Pennsylvania on June 19.
For counties in the Green phase, the stay at home and business closure orders are lifted.
Businesses that were operating at 50% capacity in the Yellow phase may increase to 75% capacity.
Indoor recreation, health and wellness, entertainment (including casinos, theaters, and shopping malls), and bars and restaurants may resume operations at 50% capacity.
Construction activity may resume at full capacity provided COVID-19 mitigation protocols remain in place.
June 9: Governor Tom Wolf (D) and Secretary of Health Dr. Rachel Levine announced that Berks, Bucks, Chester, Delaware, Lackawanna, Lancaster, Lehigh, Northampton, Montgomery and Philadelphia Counties will be moving to the Yellow Phase of the Governor's Process to Reopen Pennsylvania on June 5. They also announced that Allegheny, Armstrong, Bedford, Blair, Butler, Cambria, Clinton, Fayette, Fulton, Greene, Indiana, Lycoming, Mercer, Somerset, Washington and Westmoreland Counties will be moving to the Green Phase of the Governor's Process to Reopen Pennsylvania on June 5.
For counties in the yellow phase, the Governor's "Closure of All Businesses That Are Not Life Sustaining” order is suspended. This suspension does not apply to the following businesses: indoor recreation, health and wellness facilities and personal care services, and all entertainment.
For counties in the Green phase, the stay at home and business closure orders are lifted. Businesses that were operating at 50% capacity in the Yellow phase may increase to 75% capacity.
Construction activity may resume at full capacity provided COVID-19 mitigation protocols remain in place.
On May 4, Governor Wolf issued further information in regard to his proposed phases of reopening for businesses in the Commonwealth.
Retailers will be asked to limit customers to half of the store’s traditional maximum occupancy, require customers to wear masks, and to provide specific hours at least weekly for people considered at high-risk for COVID-19
PHTA/NESPA Joint Letter to Gov. Wolf on April 29
Governor Wolf’s Construction Guidance
PHTA continues to work with NESPA to ensure all segments of our industry can work in the Commonwealth. As previously reported, pool and spa service/maintenance are allowed, and construction was able to start back on May 1.
A joint letter was sent to Governor Wolf on April 29 outlining the importance of access to retailers and wholesalers, asking him to allow businesses that sell pool, hot tub and spa chemicals and other related products to be open for delivery and curbside pickup.
On April 23, Pennsylvania Governor Tom Wolf issued guidance for all construction businesses and employees, in response to announcing construction in the Commonwealth may resume May 1. This guidance for new construction, renovation and repair work, must be followed in accordance with the Secretary of Health’s Order issued on April 15. The guidance stemmed from an amendment to the Governor’s original Order, which allows for private and public construction to resume in the state on Friday, May 1. Maintenance of swimming pools and hot tubs continue to be allowed. In conjunction with NESPA, PHTA continues to advocate to also allow pool and hot tub retail stores to be considered essential.
Rhode Island State Documentation
What follows are highlighted provisions from the Order:
Staying at and Working from Home
Reducing the Size of Gatherings
Certain Retail Business Closures
Quarantine for All Travelers
Department of Business Regulation Guidance: https://dbr.ri.gov/documents/DBRCriticalRetailBusinessesList_04022020.pdf
What follows are provisions from that Guidance:
Please note: RETAIL business SELLS things. SERVICE businesses DO things. These restrictions are on RETAIL business in-person operations.
The State of Rhode Island has not deemed ANY business essential or non-essential at this time. There are no documents or certifications to travel for businesses across state lines.
Critical retail businesses include:
Non-critical retail businesses include: (if you can offer curbside pick-up or delivery you are encouraged to do so)
Additional guidance:
We have received an enormous amount of inquiries for these SERVICE based businesses. At this time, the following businesses are permitted to be open:
Per the Executive Order, businesses not identified on the Non-Essential Businesses List must limit the number of customers allowed to enter and simultaneously occupy the premises so as not to exceed five customers per 1,000 square feet of retail space, or 20% of the occupancy limit as determined by the fire marshal, whichever is less. Businesses must not knowingly allow customers to congregate within six feet of one another, exclusive of family units. Businesses must also implement all reasonable steps to comply with sanitation guidelines of the CDC, DHEC or any other state and federal public health officials.
Swimming Pool and Hot Tub maintenance/repair, construction, retail, distribution and manufacturing are considered essential, as they are not included in the list of non-essential businesses provided at https://www.sccommerce.com/covid-19-non-essential-business-guidelines The order does require commercial pools and spas to close to patrons but maintaining them should still be allowed.
5/20/2020 4:15 PM (ET)
On April 29, Governor Lee issued Executive Order No. 30. The Order alleviates restrictions on businesses that were previously non-essential. Guidance has been provided for those specializing in Manufacturing, Retail, and Construction. E.O. No. 30 states the following regarding gathering and reopening of businesses in Tennessee:
Businesses should follow Health Guidelines and ERG Guidelines outlined in Executive Order No. 30.
Close-contact businesses are now also allowed to operate but must follow strict guidance outlined in Executive Order No. 33 from May 5.
Relevant exemptions include:
6/8/2020 4:48 PM (ET)
Executive Order Ga-26 (June 3)
May 12 Executive Order
May 6 Order Expanding Openings of Certain Businesses and Activities
Texas Back to Work Task Force
June 3: Governor Abbott issued Executive Order Ga-26, which provides for Phase III of Texas’ reopening.
The order provides that all business establishments in Texas may operate at no more than 50% capacity, except as follows:
There is no occupancy limit for: (1) Services listed by the United States Department of Homeland Security's Cybersecurity and Infrastructure Security Agency in its guidance on the Essential Critical Infrastructure, Version 3.1 or later; (2) Religious services; (3) Local government operations including those operations related to licensing, permitting, recordation, and document-filing; (4) Child-care services; (5) Youth camps.
The 50% occupancy limit does not apply to outdoor areas, events, or establishments, except that owners of the following may operate at no more than 50% of normal operating limits as determined by the owner: (1) Professional, collegiate, or similar sporting events; (2) Swimming pools; (3) Water parks; (4) Libraries; (5) Zoos, aquariums, natural caverns, and similar facilities; (6) Rodeos and equestrian events.
Governor Abbott’s PHASE ONE is set to begin on May 1st and will allow retail stores, restaurants, movie theaters, and malls to open-up with a restriction that they operate at up to 25% of their occupancy capacity.
PHASE TWO: In order to move into Phase Two, the state must have at least two weeks of data to ensure that there is no new surge or rebound in the number of cases occurring after the implementation of Phase One.
NON-ESSENTIAL MANUFACTURING
Effective May 18, Texas manufacturers of all sizes who are not otherwise designated “essential” via CISA guidance may reopen on May 18th at 25% capacity. All must utilize all safety protocols (e.g. sanitization, social distancing) and staggered staffing to avoid heavy foot-traffic through entry/exit points, common areas, etc.
LARGE OFFICE BUILDINGS
Beginning May 18th, businesses operating out of office buildings can reopen. Business with five or fewer employees may operate at full capacity (utilizing social distancing). Businesses with six or more employees must operate at 25% capacity. Also effective May 18th, all gyms will be allowed to reopen at 25% capacity limit but must follow social distancing guidelines.
Relevant exemptions include:
5/19/2020 5:58 PM (ET)
May 15 Addendum 14 to Executive Order 01-20
3.1 Manufacturing, Construction, and Distribution Operations:
Manufacturing, construction, and distribution operations that ceased operations for more than seven days during the state of emergency may restart with as few employees as necessary to permit full operations while maintaining compliance with the mandatory health and safety requirements above, and:
Interior residential construction may occur in uninhabited structures, adhering to social distancing standards, with the minimum workers necessary while workers maintain social distance between them whenever possible.
5.1 Retail Operations: (Effective May 18, 2020)
Non-essential retail operations are limited to 25% (twenty-five percent) of approved fire safety occupancy; or 1 customer per 200 square feet; or 10 total customers and staff combined, whichever is greater. Operators must POST their temporary occupancy limit, and which method was used to determine it, prominently on all entrances. Posting templates are available at accd.vermont.gov.
Cashless/touch-less transactions are strongly preferred.
Curbside pickup remains the preferred method of operation. When possible, retailers should take steps to schedule or stage customer visits, such as waiting in cars or outside, to ensure lower contact operations.
Yard sales and garage sales may occur at private residences with 10 or fewer people present at any one time.
All businesses must follow Vermont Department of Health and CDC guidelines:
The plan must, at a minimum:
6/16/2020 6:05 PM (ET)
6/2/2020 Executive Order
6/2/2020 Press Release
Forward Virginia Blueprint
Phase 1 FAQs
Phase 1: Business Sector Guidelines
Virginia State Documentation
Executive Order No. 65 now allows Northern Virginia Region and the City of Richmond to enter into Phase Two.
Outdoor and indoor swimming pools may be open for lap swimming, diving, exercise, and instruction only and must be limited to no more than three persons per lane with ten feet of physical distance per swimmer. Hot tubs, spas, splash pads, spray pools, and interactive play features must remain closed.
Essential Retail Business
The following may remain open during their normal business hours while still complying with Business Guidances:
Governor Ralph Northam’s guidelines for reopening Virginia is a three-phase plan. Phase 1, “safer at home” was implemented on May 15, 2020. Phase 1 will last at least 2 weeks. On May 13, 2020, Governor Northam announced that Virginia will move into Phase One of the "Forward Virginia" plan on Friday, May 15, with the exception of certain localities in Northern Virginia. Northern Virginia will delay reopening likely until May 29, 2020.
Under Phase 1:
Non-essential retail businesses must limit their operations to ten patrons or less with adequate social distancing. If they cannot limit their operations to 10 patrons or less with adequate social distancing, then they must close
Essential businesses include
Washington State Documentation
Relevant exemptions include:
West Virginia State Documentation
Exempts:
Also specifically:
On April 16, 2020, Governor Evers issued Emergency Order #28 extending the closure of Nonessential Wisconsin businesses until 8:00 a.m., Tuesday, May 26, 2020, and updating the operational requirements and allowances for some Essential Businesses. View this FAQs document for answers to frequently asked questions related to the Governor’s Order.
Further, PHTA Midwest Chapter and National GR Staff received correspondence from Jennifer Campbell, Chief Legal Counsel for the Wisconsin Economic Development Corporation that adjusted the guidance previously given to clearly allow for the following:
Relevant exemptions include: