State Executive Orders
Where are counties adopting local shelter-in-place policies? View NACO’s map showing individual county declarations.
Where can home builders stay on the job? View NAHB's map showing where homebuilders are affected by state executive orders.
Where can the lumber industry stay on the job? View FRA's map showing where the lumber industry is affected by state executive orders.
States, counties and municipalities are continually imposing or updating “shelter-in-place” or “stay-home” executive orders which limit individuals from traveling away from their homes and/or companies from conducting certain types of business operations. Below are links to state and local executive orders issued to date which impose restrictions on truss and component manufacturing operations and may impact whether or not such operations may be conducted during the current COVID-19 outbreak. Where an executive order is in place restricting operations, SBCA’s Legal Counsel Kent Pagel has summarized the relevant terms of the order. These summaries present a good faith effort to explain what are oftentimes quite vague and ambiguous orders. Where ambiguity remains, it may be helpful to consult this page in concert with the NAHB and NACO websites linked above. This page is updated frequently, so please check back regularly.
View Canadian Provincial Orders: Alberta | British Columbia | Manitoba | New Bruswick | New Foundland and Labrador | Nova Scotia | Ontario | Prince Edward Island | Quebec | Saskatchewan
Canadian Government Orders by Province
No State Orders
No State or Local Restrictions for Construction
No State Restrictions, but Local Restrictions
Construction Restricted Across Entire State
A
Alabama
Date Order Becomes Effective: April 4
Date to Which Order Extends: April 30
Summary of Impacts to Business:
All persons to stay at his or her residence except for “essential activities”.
“Essential activities” includes working for “essential businesses and operations”, which means and includes:
“Construction and construction-related services” including “building and construction, lumber, building materials…” and “Support operations for essential businesses and operations” which includes suppliers of an essential business or operation.
Alaska
Alaska Essential Services and Critical Workforce Infrastructure Order
Date Order Becomes Effective: March 28
Date to Which Order Extends: April 21
Summary of Impacts to Business:
All persons except those engaged in essential business activities mandated to stay at home.
Essential business activities include essential services and critical infrastructure industries which includes construction of housing and essential businesses including businesses that supply other essential businesses with supplies.
Arizona
Date Order Becomes Effective: March 23
Date to Which Order Extends: April 30
Summary of Impacts to Business:
No county, city or town may close businesses providing essential services or functions.
Essential functions include (a) Essential Infrastructure Operations which include construction, including housing construction and (b) Essential Businesses and Operations which include Essential Infrastructure Operations and which include businesses that sell, manufacture or supply Essential Businesses and Operations with materials.
C
California
California Counties COVID-19 Response (interactive map)
Executive Order N-33-20
List of Essential Critical Infrastructure Workers
Date Order Becomes Effective: March 19
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
The California State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction.”
California Bay Area Construction Closing
View NACO’s map showing individual county declarations.
County of Alameda:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of Contra Costa:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of Lake
Date Order Becomes Effective: March 19
Date to Which Order Extends: April 20
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of Los Angeles:
Date Order Becomes Effective: March 19
Date to Which Order Extends: April 19
Summary of Impacts to Business:
Does not apply to Essential Infrastructure which includes construction of housing and “manufacturing and distribution companies deemed essential as part of the Essential Infrastructure supply chain”.
County of Marin:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of Monterey:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
Napa County:
Date Order Becomes Effective: March 20
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of Placer:
Date Order Becomes Effective: March 20
Date to Which Order Extends: April 10
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
Sacramento County:
Date Order Becomes Effective: March 20
Date to Which Order Extends: April 7, Extended to May 1
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
San Benito County:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of San Francisco:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of San Mateo:
Date Order Becomes Effective: March 17
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of San Luis Obispo:
Date Order Becomes Effective: March 19
Date to Which Order Extends: April 19
Summary of Impacts to Business:
Less restrictive than State of CA Executive Stay Home order.
County of Santa Clara:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of Santa Cruz:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
County of Sonoma:
Date Order Becomes Effective: March 18
Date to Which Order Extends: April 7
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
Ventura County:
Date Order Becomes Effective: March 19
Date to Which Order Extends: April 19
Summary of Impacts to Business:
Less restrictive than State of CA Executive Stay Home order.
Yolo County:
Date Order Becomes Effective: March 29
Date to Which Order Extends: April 7, Extended to May 1
Summary of Impacts to Business:
All businesses other than Essential Businesses are required to cease all activities.
Working for an Essential Business is permitted and includes businesses that supply other essential businesses with supplies necessary to operate.
Working for an Essential Infrastructure is permitted which includes “construction of housing (in particular affordable housing or housing for individuals experiencing homelessness)
Colorado
Date Order Becomes Effective: March 24, 12:01 a.m.
Date to Which Order Extends: April 26
Summary of Impacts to Business:
Section 1: The Executive Director of the Colorado Department of Public Health and Environment has been directed to issue a public health order to identify personnel who can continue to work at full capacity to provide “public goods and services critical to [Colorado’s] response to the COVID-19 epidemic emergency”.
Section 2: (A) All Colorado employers must reduce in-person work that takes place outside a private residence by 50 percent, except businesses considered to be critical.
- Critical business are encouraged to observe social distancing to the extent possible.
- Does not apply to any employer that can certify that employees are no closer than six feet from one another during any part of their work hours.
Critical Businesses include Construction:
- for housing and housing for low-income and vulnerable people
- skilled trades such as electricians, plumbers
- other related firms and professionals for who provide services necessary to maintain the safety, sanitation, and critical operation of residences
Connecticut
Business Exemptions for Coronavirus - Executive Order 7H
Date Order Becomes Effective: March 23
Date to Which Order Extends: May 20
Summary of Impacts to Business:
Businesses providing essential services, goods or functions are excluded from the mandate as provided by the Connecticut Department of Economic and Community Development include:
4. “All manufacturing and corresponding supply chains, including aerospace, agriculture, and related support businesses” and
9. Construction including:
- all skilled trades such as electricians, HVAC, and plumbers
- general construction, both commercial and residential
- other related construction firms and professionals for essential infrastructure or for emergency repair and safety purposes
- planning, engineering, design, bridge inspection, and other construction support activities
D
Delaware
Fifth Modification of the Declaration of A State of Emergency
List of Essential Businesses
Date Order Becomes Effective: March 24, 8 a.m.
Date to Which Order Extends: May 15 or until the public health threat is eliminated
Summary of Impacts to Business:
Construction of Residential and Nonresidential buildings are allowed to remain open. Foundation, Structure, and Building Exterior Contractors are allowed to remain open. Also, lumber and other construction materials wholesaling and other wood product manufacturing is allowed.
F
Florida
Florida Shelter-In-Place Order EO-20-91
Date Order Becomes Effective: April 3
Date to Which Order Extends: April 30
Summary of Impacts to Business:
All individuals, except where necessary to provide or obtain essential services or to conduct essential activities, shall limit their movements and personal interactions outside their home.
“Essential services” shall consist of everything listed in CISA Memorandum plus business activities designated in Executive Order 20-89 and its attachment from Miami-Dade County. Other essential services may be added with the approval of the Florida State Coordinating Officer, who shall maintain an online list of essential services.
Individuals are encouraged to work from home.
Summary of CISA Memorandum Dated March 28
The following list of workers are deemed to be “essential critical infrastructure workers”:
Workers performing housing construction related activities to ensure additional units can be made available to combat the nation’s existing housing supply shortage”;
Workers who support the operation of critical or strategic infrastructure”;
Workers who support the supply chain of building materials frm production through application/installtion; and
Workers who support sawmills and the manufacture and distribution of fiber and forest products, including, but not limited to timber, paper, and other wood and fiber products.
G
Georgia
Date Order Becomes Effective: April 4
Date to Which Order Extends: April 13, extended to April 30
Summary of Impacts to Business:
Ordering residents to shelter in place. Are allowed to work for companies involved in Critical Infrastructure as permitted under the CISA Memorandum as amended. The order therefore permits construction, commercial and residential, and suppliers to the construction industry.
H
Hawaii
Third Supplementary Proclamation
Date Order Becomes Effective: March 25
Date to Which Order Extends: April 30, 11:59 p.m.
Summary of Impacts to Business:
Persons may travel to and from essential businesses and operations to the extent they cannot be conducted remotely.
Businesses providing essential infrastructure under CISA Memorandum and the following are permitted: building and construction trades providing essential operations and businesses that sell, manufacture or supply other essential businesses with materials.
I
Idaho
Date Order Becomes Effective: March 25
Date to Which Order Extends: April 15, 11:59 p.m.
Summary of Impacts to Business:
All individuals in Idaho are ordered to self-isolate at their place of residence. All businesses are further ordered to cease nonessential operations.
All persons may leave their residences only for Essential Activities or to operate Essential Businesses or to perform work necessary for Essential Infrastructure.
Essential Infrastructure includes commercial construction and construction of housing.
Essential Businesses is defined to include Essential Infrastructure and is also defined to include businesses that supply other Essential Businesses with supplies necessary to operate. As such, individuals can leave their residences to work for suppliers of building materials as they are Essential Businesses that supply Essential Infrastructure, also Essential Businesses, which includes commercial construction and the construction of housing.
Illinois
Subject: Non-Essential Business Closure
Date Order Becomes Effective: March 21, 2020 at 5:00 pm
Date to Which Order Extends: April 30
Summary of Impacts to Business:
Par. 1: All Illinois residents ordered to stay at home or their place of residence. Residents may leave only for “Essential Activities”…or “Essential Businesses and Operations”.
Par. 2: All businesses and operations in the state, except “Essential Businesses and Operations” are required to cease activities except “Minimium Basic Operations”. Essential Businesses and Operations are encouraged to remain open.
Par. 9: Individuals may leave their residence to perform work for “Essential Infrastructure”, which is defined to include “housing construction”. Term Essential Infrastructure “shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.:
Par. 12: Essential Businesses and Operations includes Essential Infrastructure and the following, to include under subparagraph t., : Manufacturing companies, distributors and supply chain companies providing and supplying essential products and services used by other Essential Businesses and Operations.
Indiana
Directive For Hoosiers To Stay At Home
Date Order Becomes Effective: March 25
Date to Which Order Extends: April 20
Summary of Impacts to Business:
All individuals ordered to stay home except as allowed in the Order.
All businesses except for Essential Businesses and Operations (as defined) are to cease all activities except for Minimum Basic Operations.
All Essential Businesses and Operations are encouraged to remain open.
Individuals may leave only for Essential Activities which includes performing work for Essential Businesses or Operations and Essential Infrastructure.
Essential Infrastructure is defined to include construction (which includes essential business construction and housing construction). The Order states “Essential Infrastructure shall be construed broadly in order to avoid any impacts to essential infrastructure, broadly defined.”
Essential Businesses and Operations is defined to include the Homeland Security Memorandum dated March 19, 2020, critical trades for construction, businesses that sell, manufacture, and/or supply other Essential Businesses and Operations (which would include construction industry trades), and manufacturing companies and supply chain companies supplying essential products for the construction industry.
K
Kansas
Date Order Becomes Effective: March 30, 12:01 a.m.
Date to Which Order Extends: April 19
Summary of Impacts to Business:
Businesses permitted to perform essential functions which are identified in the Kansas Essential Function Framework (“KEFF”).
KEFF includes maintaining supply chains for Critical Infrastructure as defined in the CISA Memorandum.
Kentucky
Date Order Becomes Effective: March 26
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
Only Life-Sustaining Businesses may stay open.
Includes businesses operating under the CISA Memorandum AND “businesses providing construction or maintenance of residential, commercial, or governmental structures.” Also includes businesses the supply Life-Sustaining Businesses with materials—which would include therefore businesses that supply building materials.
L
Louisiana
Proclamation Number 33 JBE 2020
Date Order Becomes Effective: March 23, 5 p.m.
Date to Which Order Extends: April 30
Summary of Impacts to Business:
All individuals under a “general stay-at-home order and are directed to stay home unless performing an essential activity”.
Section 3: Essential activity in turn defined to allow going to and from an individual’s workplace to provide (A) food, medicine, and other similar goods necessary for an individual or his or her family member; (B) obtaining non-elective medical care and treatment and other similar vital services for the individual or his or her family member; and (C) “as otherwise deemed essential worker functions”. As to point (C) the LA order states “Guidance is provided by [US Dept. of Homeland Security] on what workers are essential is outlined in the [Homeland Security infrastructure study]”.
M
Maine
Order Regarding Essential Businesses and Operations
Date Order Becomes Effective: March 25
Date to Which Order Extends: April 30
Summary of Impacts to Business:
All Non-Essential Businesses and Operations are to cease activities.
Essential Businesses and Operations excluded and are defined to include infrastructure workers under CISA Memorandum dated March 19 AND “construction and maintenance of essential infrastructure”. SBCA views such definition to include businesses that supply building materials.
Maryland
Date Order Becomes Effective: March 23
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
All Non-Essential Businesses closed.
Businesses excluded that are part of CISA Memorandum.
Massachusetts
Order Assuring Continued Operation of Essential Services
COVID-19 Essential Services
Date Order Becomes Effective: March 24, 12 p.m.
Date to Which Order Extends: May 4
Summary of Impacts to Business:
Requiring all businesses and organizations that do not provide “COVID-19 Essential Services” to close their physical workplaces and facilities to workers, customers and the public
**Home Builders & Remodelers of Massachusetts
the list of “ Essential Services and Workforces” accompanying the Order expressly includes “Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)” as well as “Commercial retail stores that supply essential sectors, including . . . hardware and home improvement” and “Workers to ensure the continuity of building functions, including local and state inspectors and administrative support of inspection services who are responsible for the inspection of elevators, escalators, lifts, buildings, plumbing and gas fitting, electrical work, and other safety related professional work."
Additionally, the text of the Order indicates that it supersedes and makes inoperative any order or rule imposed by a municipality that will or might impede or interfere with the achievement or objectives of this order. HBRAMA’s leadership and legislative counsel are seeking further clarification on this provision as it may relate to recent local prohibitions that we are aware of having been adopted by the City of Boston, City of Cambridge and Town of Nantucket.
Michigan
Date Order Becomes Effective: March 24, 12:01 a.m.
Date to Which Order Extends: April 30
Summary of Impacts to Business:
All individuals are ordered to stay at home and no person shall operate a business that requires workers to leave their home except to the extent those workers are necessary to sustain or protect life or to conduct minimum basic operations.
Workers necessary to conduct minimum business operations are those necessary to allow business to maintain the value of inventory and equipment, ensure security and process transactions (including payroll and employee benefits) or to facilitate others working remotely. Such designations must be made in writing by the employer.
Businesses that employ critical infrastructure may continue in-person operations, and for those who are critical infrastructure workers the designation must be in writing.
Critical infrastructure workers are those workers described in the March 19, 2020 Department of Homeland Security Memorandum on Essential Critical Infrastructure Workers. This memorandum is subject to varying interpretations and as such, the State of Michigan ought to be consulted for clarification on including construction and home construction, and the supply and manufacturing of building materials, as included in the definition of critical infrastructure.
*According to the Home Builders Association of Michigan: New construction is not permitted. Repairs are permitted. The definition of Repairs, under the Michigan Residential Code, is “reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.”
Minnesota
Emergency Executive Order 20-20
Date Order Becomes Effective: March 27, 11:59 p.m.
Date to Which Order Extends: May 4
Summary of Impacts to Business:
6. Exemptions – Critical Sectors. All workers who can work from home must do so. Workers in the following Critical Sectors, who are performing work that cannot be done at their home or residence through telework or virtual work and can be done only at a place of work outside of their home or residence, are exempted from the prohibition in paragraph 1 as set forth below.
x. Construction and critical trades. This category includes workers in the skilled trades such as electricians, plumbers, HVAC and elevator technicians, and other related construction of all kind
Essential Supply Stores. This category is limited to workers at businesses that sell products, tools, materials, or supplies necessary for: (1) the above Critical Sectors to continue their essential operations
The “Guidance on Stay at Home Order” published by the State of Minnesota provides that workers can qualify for the Critical Sector Exemption discussed below by a means in addition to merely reading the Minnesota Stay at Home Order 20-20 dated March 25, 2020.
In reviewing the NAICS code chart now published by the state, both “Residential Building Construction” and “Nonresidential Building Construction” are unequivocally noted as being a “Critical Industry” and therefore exempt under the order. As such, truss manufacturer employees in the state are also exempt as truss manufacturing companies are Essential Supply Stores selling products to what is now referred to as a Critical Sector, namely both the Residential Building Construction and Nonresidential Construction industries.
While the four digit NAICS code for trusses is indicated by the State of Minnesota as possibly qualifying for Critical Worker Exemption under code 3212 “Veneer, Plywood, and Engineered Wood Product Manufacturing”, the analysis in the prior paragraph clearly indicates truss manufacturing should be exempt for the reasons stated.
Mississippi
Date Order Becomes Effective: March 24
Date to Which Order Extends: April 20
Summary of Impacts to Business:
Essential Businesses or Operations may remain open and includes “Construction and construction related services including building and construction, lumber, and building materials.”
Missouri
Date Order Becomes Effective: April 3
Date to Which Order Extends: April 24
Summary of Impacts to Business:
Companies that do not employ individuals to perform essential worker functions per the CISA Memorandum are not to leave their homes for work.
The CISA Memorandum permits commercial and residential construction and the supply of materials to the construction industry.
Montana
Executive Order 2-2020 and 3-2020
Date Order Becomes Effective: March 28, 12:01 a.m.
Date to Which Order Extends: April 24
Summary of Impacts to Business:
8. Essential Infrastructure. For purposes of this Directive, individuals may leave their residence to provide any services or perform any work necessary to offer, provision, operate, maintain and repair Essential Infrastructure. Essential Infrastructure includes, but is not limited to: … construction (including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, and housing construction); Essential Infrastructure shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.
11n. Supplies for Essential Businesses and Operations. Businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials necessary to operate
N
Nevada
COVID-19 Declaration of Emergency Directive 003
Date Order Becomes Effective: March 20
Date to Which Order Extends: April 30
Summary of Impacts to Business:
Section 6: The construction, mining, manufacturing, and infrastructure sector labor force may continue operations, but shall maintain strict social distancing practices, and to adopt policies and practices that ensure minimum contact between the workforce and the general public. This social distancing restriction shall not be construed to supersede any safety practices imposed on the industry by state or federal law. Business sectors operating under this authority must comply with any applicable COVID-19 risk mitigation policies, as further defined in regulations promulgated under this Directive, and any precautionary measures and guidance that shall be promulgated by Nevada Department of Business and Industry.
New Hampshire
Emergency Order #17 Pursuant to Executive Order 2020-04
Exhibit A to Emergency Order #17
Date Order Becomes Effective: March 27, 11:59 p.m.
Date to Which Order Extends: May 4, 12:01 a.m.
Summary of Impacts to Business:
All businesses that do not provide Essential Services shall close their physical workplaces.
Essential Services are identified in Exhibit A to the Order. Additional services may be designated as Essential with written approval of the Commissioner of Business and Economic Affairs and the Governor.
Industry sectors that provide essential services include:
Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction); and
Manufacturing companies, distributors, and supply chain companies producing and supplying materials for industries that include construction.
New Jersey
Date Order Becomes Effective: March 21, 2020, 9:00 p.m.
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
All residents to stay home unless performing their job.
All non-essential retail businesses, subject to some exceptions, were ordered close. Multiple types of other businesses were ordered closed.
Telework was however strongly encouraged.
Other businesses where telework could not be done were recognized as being able to stay open and specifically included “construction workers”. The order did NOT however specifically reference those companies who supplied materials to construction businesses. A reasonable interpretation of this order suggested companies engaged in building material supply could remain open.
Date Order Becomes Effective: April 10, 8 p.m.
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
The order refers to Executive Order No. 107 and states that order closed non-essential retail businesses but allowed “other businesse that require in-person workforce to continue to operate”. We know that order included construction workers as indicated above and our conclusion was that building material supply business were also allowed under this order to continue to operate.
Executive Order No. 122 now finds that construction sites are difficult environments for social distancing as they frequently require large numbers of workers to touch th same surfaces, workers are close together and workers use common facilities such as portable restrooms The order further finds that in both the manufacturing and construction industries are “typically forced to work in close contact” and come into contact with materials and equipment that is delivered to the public.
This order now states that all non-essential construction projects shall cease when the Order takes effect.
Essential construction projects is defined as including (1) healthcare services projects, (2) transportation projects, (3) utility projects, (4) residential projects “that are exclusively designated as affordable housing”, (5) school related projects, (6) projects where an individual already resides, (7) projects where either a tenant or buyer has entered into a contract to occupy a unit and construction is necessary to ready the unit of occupancy, (8) projects for facilities used by either online retail businesses or essential retail businesses, (9) data center projects, (10) homeless shelters, (11) law enforcement facilities, (12) govermental buildings, and (13) work on non-essential construction projects require to secure the site of the project or the structural integrity of any building and including abating safety hazards.
While companies supplying building materials will obviously not be able to deliver materials to construction projects that are shutdown, arguably they can continue to operate in the state as a manufacturing business as Executive Order No. 122 states the following requirements (verbatim) with regard to manufacturing businesses continuing to operate:
Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Limit worksite meetings, inductions, and workgroups to groups of fewer than ten individuals; c. Require individuals to maintain six feet or more distance between them wherever possible; d. Stagger work start and stop times where practicable to limit the number of individuals entering and leaving the worksite concurrently;
- Stagger lunch breaks and work times where practicable to enable operations to safely continue while utilizing the least number of individuals possible at the site;
- Restrict the number of individuals who can access common areas, such as restrooms and breakrooms, concurrently;
- Require workers and visitors to wear cloth face coverings, in accordance with CDC recommendations, while on the premises, except where doing so would inhibit the individual’s health or the individual is under two years of age, and require workers to wear gloves while on the premises.
- Businesses must provide, at their expense, such face coverings and gloves for their employees. If a visitor refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the business at the point of entry, then the business must decline entry to the individual. Nothing in the stated policy should prevent workers or visitors from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the businesses are otherwise required to provide such worker with more protective equipment due to the nature of the work involved.
- Where an individual declines to wear a face-covering on the premises due to a medical condition that inhibits such usage, neither the business nor its staff shall require the individual to produce medical documentation verifying the stated condition;
- Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal;
- Limit sharing of tools, equipment, and machinery;
- Provide sanitization materials, such as hand sanitizer and sanitizing wipes, to workers and visitors; and
- Require frequent sanitization of high-touch areas like restrooms, breakrooms, equipment, and machinery.
All essential retail businesses, warehousing businesses, manufacturing businesses, and businesses performing essential construction projects must also adopt policies that include, at minimum, the following requirements:
- Immediately separate and send home workers who appear to have symptoms consistent with COVID-19 illness upon arrival at work or who become sick during the day;
- Promptly notify workers of any known exposure to COVID-19 at the worksite, consistent with the confidentiality requirements of the Americans with Disabilities Act and any other applicable laws;
- Clean and disinfect the worksite in accordance with CDC guidelines when a worker at the site has been diagnosed with COVID-19 illness; and
- Continue to follow guidelines and directives issued by the New Jersey Department of Health, the CDC and the Occupational Health and Safety Administration, as applicable, for maintaining a clean, safe and healthy work environment.
New Mexico
Date Order Becomes Effective: March 24, 8 a.m.
Date to Which Order Extends: April 30
Summary of Impacts to Business:
All businesses, except “essential businesses” are directed to reduce the in-person workforce at each business by 100%. Essential businesses can remain open provided they minimize operations and staff to the greatest extent possible.
Essential business includes “infrastructure operations” which includes commercial and residential construction. Essential business also includes manufacturing operations of “component manufacturers.”
New York
Guidance for Determining Workforce Reduction
Date Order Becomes Effective: March 22
Date to Which Order Extends: April 29
Summary of Impacts to Business:
“Essential Businesses or Entities” are not subject to the ban. With respect to businesses that provide both essential and non-essential services, only those lines and/or business operations that are necessary to support the essential services or supplies are exempt from the restrictions.
The definition of “Essential Business” includes definitions for “Essential Infrastructure”, “Essential Manufacturing” and “Construction” but the sale of building materials or the manufacturing of building components is not specifically enumerated. Under “Construction” what is included are skilled trades, such as electricians and plumbers, and other related construction firms for essential infrastructure (which is not defined).
If a particular business or business of business function is not listed and is believed to be essential, a request may be made to have it deemed an essential business.
9. Construction
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.
North Carolina
Date Order Becomes Effective: March 30, 5:00 p.m.
Date to Which Order Extends: April 29
Summary of Impacts to Business:
All businesses except Essential Businesses and Operations are to cease activities other than what are defined as Minimum Basic Operations, and include businesses described in the CISA Memorandum, Essential Infrastructure Operations which include “essential construction and housing construction” and building supply and businesses that sell building materials and supplies.
O
Ohio
Date Order Becomes Effective: March 23, 11:59 p.m.
Date to Which Order Extends: May 1
Summary of Impacts to Business:
Par. 1: All persons may leave their homes or place of residence only for “…Essential Businesses and Operations, all as defined below.”
Par. 9: Individuals may leave their residence to perform work for “Essential Infrastructure”, which is defined to include “housing construction”. Term Essential Infrastructure “shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined:
Par. 12: Essential Businesses and Operations includes Essential Infrastructure and the following, to include under subparagraph v., : Manufacturing companies, distributors and supply chain companies providing and supplying essential products and services used by other Essential Businesses and Operations.
Oklahoma
Amended Executive Memorandum 2020-01
Date Order Becomes Effective: March 24
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
All businesses not included in the CISA Memorandum, and “construction workers, including residential and commercial, and workers who support [construction and construction material sources], are ordered to cease operating.
Oregon
Date Order Becomes Effective: March 24
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
Individuals are ordered to stay home subject to certain non-essential activities.
No reference to commercial or residential construction or to the supply of building materials or the manufacturing of trusses and components—meaning they can remain open
Work in offices is prohibited when telework and work at home options are available. For businesses where telework and work from home options are not available, they must designate an employee or officer to establish social distancing policies and for those companies that do not comply they may be closed down until they demonstrate compliance. Our recommendation for all businesses not ordered to be shut down, that the company designate an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority and that such policies also address how the business will maintain social distancing protocols for business-critical visitors.
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Pennsylvania
COVID-19 Business Closure Order
Date Order Becomes Effective: March 19, 8 p.m.
Date to Which Order Extends: April 30
Summary of Impacts to Business:
Section 1: No person or entity shall operate a business that is not life sustaining business regardless of whether the business is open to members of the public. A list of life sustaining businesses that remain open is attached to and incorporated into the order.
Business Closure Order (Last updated March 21, 2020):
Restricts construction of buildings or homes except for emergency repairs and construction of healthcare facilities.
With respect to wood product manufacturing, while sawmills can operate, other wood product manufacturing cannot.
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S
South Carolina
Date Order Becomes Effective: April 7
Date to Which Order Extends: April 27
Summary of Impacts to Business:
Residents restricted to home with an exception to engage in Essential Business or Critical Infrastructure Operations. Essential Business is not defined but there are businesses that are defined to not be Essential Businesses. Neither construction nor construction supply is referenced as not being an Essential Business.
T
Texas
Date Order Becomes Effective: April 2
Date to Which Order Extends: April 30
Summary of Impacts to Business:
All individuals, except where necessary to provide or obtain essential services, minimize social gatherings and minimize in-person contact who are not in the same household.
“Essential services” shall consist of everything listed in CISA Memorandum plus religious services and other essential services added to this list by the Texas Division of Emergency Management (“TDEM”). TDEM will maintain an online list of essential services as specified in the executive order.
All business services shall be provided through telework from home unless they are essential services.
The TDEM “GA-14 Essential Services Designation” refers to the CISA Memorandum, identifies certain companies as not considered essential services and provides a mechanism for requesting a determination from TDEM as to whether a particular business is covered by the CISA Memorandum.
Austin, TX
Texas statewide Executive Order GA-14 supersedes the City of Austin's Work Safe Order, and allows for commercial and residential construction across the state.
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V
Vermont
Addendum 6 to Executive Order 01-20
Date Order Becomes Effective: March 25
Date to Which Order Extends: May 15
Summary of Impacts to Business:
All individuals are directed to stay at home and leave only for essential reasons, all businesses shall suspend in-person business operations. Those businesses providing services and functions deemed critical to public health and safety are not subject to the in-person restrictions. This includes “construction necessary to support the COVID-19 response and maintain critical infrastructure” and critical manufacturing (with no definition and the only possible inclusion for CMs would be manufacturing to support the COVID-19 response). Therefore, neither commercial nor residential construction is authorized and the supply of building materials is not authorized.
Virginia
Date Order Becomes Effective: March 25
Date to Which Order Extends: June 10
Summary of Impacts to Business:
imposes temporary restrictions on restaurants, recreational entertainment, gatherings, non-essential retail businesses and closure of K-12 schools only.
All public and private gatherings of 10 persons or more were prohibited.
All private and public schools, K-12, were closed. Child care services remained open.
All restaurants, theaters, gyms, salons, and amusement facilities were closed.
Essential businesses as noted, grocery stores, liquor stores, banks etc. were allowed to remain open.
There are NO other restrictions on businesses and to make this point clear, a FAQ issued by the state at the time this order was issued states: “Nothing in the Executive Order impacts business sectors that are not explicitly listed.”
Executive Order Number Fifty-Five
Date Order Becomes Effective: March 30
Date to which Order Extends: June 10
Summary of Impacts to Business:
Orders individuals to remain in place at their residence except as provided in Executive Order EO-53 and allows individuals to leave their residences for stated reasons including traveling to and from work.
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Washington
Proclamation 20-25 Stay Home – Stay Healthy
Date Order Becomes Effective: March 25, 12 a.m.
Date to Which Order Extends: May 4
Summary of Impacts to Business:
Individuals can only conduct “essential activities” and companies can only conduct “essential business services.” For companies these individuals are defined as “Essential Critical Infrastructure Workers.” This includes employees carrying out minimum basic operations for a non-essential business.
Essential Critical Infrastructure Workers includes: Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) for all essential facilities, services and projects included in this document, and for residential construction related to emergency repairs and projects that ensure structural integrity.
West Virginia
Date Order Becomes Effective: March 24
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
All individuals are under a general stay at home order unless performing an essential activity.
Essential activities include going to work if such workplace is included in the definition of Essential Businesses and Operations. All non-essential businesses and operations however are required to close except for minimum basic operations.
Essential Businesses and Operations is defined to include those industries and workers described in the US Department of Homeland Security’s March 19, 2020 memorandum. Additionally, the following industries are specifically included as Essential Businesses and Operations, industries involved in Essential Infrastructure which includes business engaged in construction, which is defined to include essential business construction and housing construction, although “commercial construction” is not specifically referenced.
Also included as Essential Businesses and Operations are manufacturing, distribution and supply chain companies for critical products, which includes products used by Essential Businesses and Operations, meaning the supply of products to companies engaged in housing construction and the construction of essential business construction, is permitted.
Wisconsin
Emergency Order #12 Safer at Home Order
Date Order Becomes Effective: March 25, 8 a.m.
Date to Which Order Extends: April 24, 8 a.m.
Summary of Impacts to Business:
All individuals are ordered to stay at home and can only leave home for “Essential Activities”, “Essential Business Operations”, and to perform “Minimum Basic Operations”.
All Essential Businesses and Operations and businesses performing Minimum Basic Operations shall comply with CDC guidelines (i.e., social distancing, contagious disease policy, increasing cleaning etc.)
Par. 10: Individuals may leave their residence to provide Essential Infrastructure which includes “construction” and “housing construction”.
Par. 13: All Essential Businesses and Operations shall meet “Social Distancing Requirements”. Shall include entities providing Essential Infrastructure. Includes any business or worker identified in Homeland Security March memorandum. Includes in o. “Post offices and other businesses that provide shipping and delivery services, and businesses that ship… services to end users through commercial channels.” Under r., businesses that supply other Essential Businesses with support or services necessary to operate…construction materials. v., manufacturing and distribution for Essential Businesses and Operations.
Note the Homeland Security document provides for “Workers who support the manufacture and distribution of forest products, including, but not limited to timber, paper, and other wood products.”
Par. 14: defines Minimum Basic Operations.
Canadian Provincial Orders
Alberta
Date Order Becomes Effective: March 27
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
Orders non-essential places of businesses to close
Businesses on the essential services list can continue to provide services and include construction work in the commercial and residential sectors. This broad definition arguably includes construction material supply as well. It is furthermore logical to assume that construction material supply is likewise deemed an essential service as construction is not feasible unless construction supply is allowed.
British Columbia
List of Essential Services
Public Emergency declared, but no general order closing all businesses
Summary of Impacts to Business:
The British Columbia government has further stated that essential services should and are encouraged to remain open.
The list of Essential Services last updated on April 3 by the British Columbia government includes construction work and construction firms. It is logical to assume that construction material supply is likewise deemed an Essential Service as construction is not feasible unless construction supply is allowed.
Manitoba
Date Order Becomes Effective: April 1
Date to Which Order Extends: April 13
Summary of Impacts to Business:
Any business not otherwise excluded must be closed
Businesses excluded by the order businesses that provide “goods” for businesses, otherwise excluded from the order, to operate, and businesses engaged in construction work in the commercial and residential sectors.
New Brunswick
Date Order Becomes Effective: March 19
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
Businesses not closed by general order.
Newfoundland and Labrador
Date Order Becomes Effective: March 23
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
Only a limited number of businesses were closed.
Nova Scotia
Date Order Becomes Effective: March 22
Date to Which Order Extends: April 5
Summary of Impacts to Business:
All businesses allowed to continue to operate.
Ontario
Public Health Order
Regulation 82/20
Date Order Becomes Effective: March 25
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
Any business not otherwise excluded/exempted, are to be closed.
“Essential Businesses” scheduled in the order are allowed to remain open.
Essential Businesses include businesses that supply other essential businesses with supplies necessary to operate and a broad array of construction businesses including those performing construction work in the commercial and residential sectors.
Prince Edward Island
Essential and Non-Essential Services
Date Order Becomes Effective: March 16
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
No general order closing businesses.
Quebec
Date Order Becomes Effective: March 25
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
All activity carried out in the work environment was suspended.
Under the order, priority services are maintained and include “construction sector services”. Within this category, while a number of activities are listed as being included, there is NO specific reference to commercial and residential construction. The term however “construction sector services” is broad and arguably includes commercial and residential construction even though not specifically referenced. There is no specific reference to construction material supply or to suppliers of materials generally to companies excluded as providing priority services. Assuming construction activity in the commercial and residential sector is ongoing in Quebec, it is logical to assume that construction material supply is likewise deemed a priority service as construction is not feasible unless construction supply is allowed.
Saskatchewan
Date Order Becomes Effective: March 26
Date to Which Order Extends: Indefinite
Summary of Impacts to Business:
All businesses not allowable business services are closed.
Allowable Business Services include construction firms. While not specifically referenced, it is logical to assume that construction material supply is likewise deemed an allowable business service as construction is not feasible unless construction supply is allowed.