NFSA would like to thank outside counsel Peter Gauttery and his team at Whiteford Taylor Preston, LLP, for working with us to develop these summaries of the various executive orders enacted across the county, expressly for the benefit of NFSA members. As the COVID-19 public health emergency continues to develop, NFSA staff will continue to work with Peter and his team to keep members apprised of any new restrictions and/or revisions to these orders.

View the National Letter To Operate Here

On March 27, 2020, Alaska’s Governor, through Alaska’s Department of Health and Social Services, issued two health mandates: Health Mandate 11 and Health Mandate 12. Both mandates are effective March 28, 2020, at 5:00 p.m., through April 11, 2020.

Health Mandate 11 orders all Alaska individuals to remain at their place of residence and practice social distancing. Those engaged in essential health care services, public government services, and essential businesses activities are exempted from the Mandate. Alaska provides an attachment which details its definitions of essential services and critical infrastructure. Those businesses not listed must cease all activities but may continue operations implementing work-from-home policies.

Businesses defined as “essential infrastructure” under the provisions of the Mandate are exempt. These include businesses providing any services or performing any work necessary to the operations and maintenance of services including . . . public works construction and construction of housing. Additionally, “essential business” includes plumbers, electricians . . . and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences and critical infrastructure. Lastly, any business that can maintain social distancing requirements and prohibit congregations of no more than 10 people may continue operating.

Moreover, Alaska’s mandate incorporates the Cybersecurity & Infrastructure Security Agency (“CISA”) Memorandum. The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.” Also included are businesses that “supply other essential businesses with support or supplies necessary to operate.”

Finally, Health Mandate 12 prohibits all in-state travel between communities by residents, workers, or visitors, unless the travel is to support critical infrastructure or for critical personal needs. “Critical infrastructure” includes the businesses mentioned as part of Health Mandate 11.

Please note: The Governor’s Mandate includes the following requirement:

If your business is included in “Alaska’s Essential Services and Critical Infrastructure,” you must submit a travel plan or protocol for maintaining critical infrastructure to akcovidplans@ak-prepared.com. The plan should outline how you will avoid the spread of COVID-19 and not endanger the lives of the communities in which you operate, of others who serve as a part of that infrastructure, or the ability of that critical infrastructure to function.”

On March 30, 2020, Arizona’s Governor issued an Order detailing the State’s “Stay home, Stay healthy, Stay connected” policy, which requires all Arizona residents to limit time away from their residences. The Order permits residents to leave their homes for employment in Essential Functions or to utilize any products or services provided by Essential Businesses.

Executive Order 2020-12 is included by reference in the March 30, 2020, Order and defines Essential Functions to include construction and building maintenance, which, pursuant to the Order, “shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined.” Moreover, Essential Functions include “Essential Businesses and Operations.” Under Essential Businesses and Operations are “Critical Trades,” which include “building and construction tradesmen. . .and other trades, including, but not limited to, plumbers, electricians. . .and other manufacturing, distribution, retail or service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, essential activities, and essential businesses and operations.” Additionally, “manufacturing companies, distributors and supply chain companies producing and supplying essential products and services in and for industries such as. . .construction” are considered Essential Businesses and Operations.

Under the Order, employment in Essential Businesses and Operations means an essential employee performing work for an Essential Function described in the preceding paragraph. All businesses that remain open shall implement rules and procedures that facilitate social distancing of at least six feet.

The Order also prohibits any city or town from issuing a conflicting local order, including one that limits Essential Services.

View the California Letter To Operate Here

California’s Executive Order, N-33-20, directs all individuals living in California to stay home. The order went into effect on March 19th and remains in effect until further notice.

An exception to the stay at home order is provided for employees working in one of the sixteen (16) critical infrastructure sectors identified by the Federal Government as vital to the United States’ security, economic security, or public health or safety to continue working. See Cybersecurity & Infrastructure Security Agency, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response (“CISA”) ; found at:

https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_508C_0.pdf.

In addition to the 16 sectors identified by the Federal Government, California outlined additional exempted industries. See https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf.

The CISA memorandum, as well California’s additional exempted industries, includes industries such as: “construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects,” or “service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects.” Id.

Please note that the California Letter to Operate is inapplicable to the Bay Area

View the Bay Area Order Summary Here

View the Colorado Letter To Operate Here

On March 25, 2020, Colorado’s Governor issued an Executive Order directing all Colorado residents to stay at home except for those exempted by the public health order defining critical infrastructure and other activities. The order is effective on March 26, 2020, at 6:00 a.m. through April 11, 2020, unless rescinded or modified.

Under the Public Health Order, “Critical Businesses” are exempt from the stay at home requirements and encouraged to remain open but must comply with the social distancing requirements and encourage tele-work when possible. Colorado defines “Critical Business” as any business engaged in the commercial, manufacturing, or service of construction, including skilled trades such as electricians and plumbers, as well as other related firms and professionals providing services necessary to maintain the safety and critical operation of residences, and other essential services.

View the Connecticut Letter To Operate Here

Connecticut’s Governor issued Executive Order No. 7H on March 20, 2020. The order is effective on March 23, 2020 at 8:00 p.m. through April 22, 2020, unless earlier modified, extended, or terminated. The order directs all businesses to employ work from home procedures, to the greatest extent possible. However, any essential business or entity providing essential goods, services, or functions shall not be subject to the stay at home restrictions.

In determining what employers and employees are essential, Connecticut adopts the 16 critical infrastructure sectors, as defined by the CISA memo to define “essential business” and expands on the sectors. One difference with Connecticut is any business not included in the guidance provided by the State or under the 16 critical infrastructure sectors, may request an essential business designation. See https://portal.ct.gov/DECD/Content/Coronavirus-for-Businesses/Coronavirus-for-Businesses.

View the Delaware Letter To Operate Here

On Sunday, March 22, 2020, Delaware’s Governor ordered Delaware residents to stay at home and all non-essential businesses to close. Both orders go into effect at 8:00 a.m. on Tuesday, March 24, 2020, and remain in effect until May 15, 2020, or until the public health threat of COVID-19 has been eliminated. Within the order closing businesses, the Governor excluded certain designated “essential businesses” and gave the Division of Small Business the discretion to make adjust the list of “essential businesses.”

Delaware has designated construction as an essential business and specified that “businesses that supply materials and hardware to those engaged in the construction of residential or non-residential structures” and the “workers who provide critical maintenance to residential or non-residential structures,” among others are essential businesses. See Fourth Modification of the Declaration of A State of Emergency, § 6(o); see also https://coronavirus.delaware.gov/wp-content/uploads/sites/177/2020/03/Delaware-list-of-essential-and-nonessential-businesses-March-22-2020-1.pdf.

Assuming NFSA members fall within the definition of an essential business under the Delaware Order, they are required to continue following the coronavirus guidelines for public safety enumerated by the CDC and DPH.

On April 1, 2020, Florida’ s Governor issued an Executive Order requiring all persons in Florida to limit their movements and interactions outside of their home to only those necessary to obtain or provide essential services. Additionally, the Order requires senior citizens and individuals with a significant underlying medical condition to stay at home. The Order is effective April 3, 2020, at 12:01 a.m., through April 30, 2020.

Under the Order, “essential services” consist of personnel identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “ workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, under the CISA memorandum, “workers who support the supply chain of building materials from production through application/installation, including . . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential.

Additionally, “essential services” include those businesses identified by the list propounded by Miami-Dade County1 businesses that supply other essential businesses with the support or supplies necessary to operate, and which do not interact with the general public.“ The Miami Dade County Order also includes “open construction sites” fall within the scope of “essential services.”

Lastly, Florida’s State Coordinating Officer, in coordination with the State Health Officer may designate other “essential services.” The full list of “essential services” is available at floridadisaster.org.

On April 2, 2020, Georgia’s Governor issued a stay at home Order requiring all residents and visitors of the State of Georgia to remain in their place of residence. The Order is effective from April 3, 2020, at 6:00 p.m., through April 13, 2020, at 11:59 p.m. Pursuant to the Order, residents are permitted to leave their residences if they “are part of the workforce for Critical Infrastructure and are actively engaged in the performance of, or travel to and from, their respective employment.”

Georgia defines “Critical Infrastructure” as those businesses, establishments, corporations, non-profit corporations, and organizations identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. Additionally, the Order includes those suppliers which provide essential goods and services to the critical infrastructure workforce.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

All businesses are permitted to engage in Minimum Basic Operation, which includes only the “minimum necessary activities to maintain the value of a business, establishment, corporation. . .provide services, manage inventory. . .Such minimum necessary activities include remaining open to the public subject to the restrictions of this Order.” This paragraph of the Order also permits “employees working outdoors without regular contact with other persons.”

All businesses that continue in-person operation, however, shall implement measures to mitigate the exposure and spread of COVID-19, such as screening and evaluating workers who exhibit signs of illness; enhancing sanitation; providing personal protective equipment; prohibiting gatherings of workers; implementing staggered shifts; placing notices that encourage hand hygiene; and other social distancing mechanisms.

Moreover, the Order provides that the operation of Critical Infrastructure shall not be impeded by county, municipal, or local ordinance.

On March 23, 2020, Hawaii’s Governor supplemented his Proclamation and issued a Stay at Home Order effective March 25, 2020, at 12:01 a.m., through April 30, 2020, at 11:59 p.m. The Proclamation requires all Hawaii residents to stay at home, except as necessary to maintain continuity of operations of the federal critical infrastructure sectors.

Hawaii defines “Essential Businesses and Operations” as those sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. All businesses not identified in the CISA memo or listed in the Proclamation must cease.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of homes and residences, and the Critical Sectors listed in this Executive Order,” as well as “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, Hawaii includes “Critical Trades” as an “Essential Businesses and Operations.” This category includes workers such as electricians, plumbers, and other service providers who provide services that are necessary to maintaining the safety and essential operation residences and Essential Businesses and Operations. See Order §A(10). Both business that provide “supplies for essential businesses and operations” and “manufacturing companies, distributors, and supply chain companies” producing and supplying essential product and services in and for industries such as construction are included with the definition of essential businesses and operations. See Order §A(15) and §A(21).

The order requires all Essential Businesses and Operations to maintain the social distancing requirements of at least six (6) feet distancing, regular cleaning of surfaces, and facilitating remote access if possible.

View the Illinois Letter To Operate Here

On March 21, 2020, Gov. Pritzker of Illinois issued COVID-19 Executive Order No. 8 mandating all individuals currently living within the State of Illinois to stay at home except as allowed in the Executive Order. The Order is in effect through April 30, 2020, pursuant to Executive Order No. 2020-18.

All businesses and operations in Illinois, except those deemed to be “Essential Infrastructure” or “Essential Businesses and Operations” by the Order, are required to cease all activities within the state. The Order’s definition of “Essential Infrastructure” includes construction. The Order defines “Essential Businesses and Operations,” relating to NFSA, to include “Critical Trades,” defined as the following:

Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses and Operations.

COVID-19 Executive Order No. 8, § 1(12)(h).

Other “Essential Businesses and Operations” include “…businesses that sell electrical, plumbing, and heating material;” “businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials to operate, including…electrical, plumbing, and heating material…” and “manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as…construction…as well as products used by other Essential Businesses and Operations.”

The employees of an Essential Business are still under order to maintain social distancing, or at least six feet distancing from other individuals.

On March 28, 2020, Kansas’s Governor issued Executive Order No. 20-16 directing all Kansas residents to stay at home unless performing an essential activity, which includes “performing, or going to or from work at a business or organization to perform, an essential function as identified in the Kansas Essential Function Framework (‘KEFF’).” The Order is effective from March 30, 2020, at 12:01 a.m., through April 19, 2020, or until the State of Emergency expires.

The KEFF framework is broken down into four categories: Connect, Distribute, Manage and Supply. This framework identifies essential functions which are necessary to maintains critical infrastructure. The KEFF list includes maintaining specialized manufacturing or industrial equipment and production or distribution of construction materials, maintaining supply chains, and providing housing, which includes maintenance of a variety of types of structures. Additionally, businesses that manufacture equipment used for essential functions or critical infrastructure, as defined by DHS are exempt from the requirements of the Order. Lastly, businesses that provide public safety are exempted.

Moreover, any individual or business who is uncertain whether they are considered under the KEFF exemption may email KEFF@ks.gov to determine whether their functions are deemed essential.

View the Kentucky Letter To Operate Here

On March 25, 2020, Kentucky’s Governor issued Executive Order 2020-257 closing all businesses that are not “life sustaining.” The order is effective 08:00 p.m. March 26, 2020, through the duration of the State of Emergency declared in Kentucky. For purposes of the Order, “Life Sustaining Businesses” are those businesses under the CISA memorandum, as well as additional industries designated by the Governor.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, Kentucky includes businesses providing construction or maintenance of residential, commercial, or governmental structures, including but not limited to plumbers [and] electricians . . . necessary for sustaining the safety, sanitation and operation of structures as “Life Sustaining Businesses.” Order, § 1(h). Also, Kentucky includes “manufacturing companies, distributors, and supply chain companies producing and supplying critical products and services in and for industries such as . . . construction, and products that can be used by other life sustaining businesses.” Order, § 1(p)

View the Louisiana Letter To Operate Here

Letter from State Fire Marshal Regarding Inspections

Exemption from Louisiana Curfews from State Fire Marshal

On March 22, 2020, the Governor of Louisiana joined other states around the country by issuing a stay at home order effective from 5:00 p.m. on March 23, 2020 to April 13, 2020, unless terminated sooner. The order exempts essential businesses covered under the Cybersecurity & Infrastructure Security Agency Memorandum.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers – including contracted vendors — who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

On March 31, 2020, Maine’s Governor issued a stay at home Order requiring all persons living in Maine to stay at home. An exception to the order permits workers at “Essential Businesses and Operations” to travel between their homes and those businesses and organization. The Order is effective April 2, 2020, at 12:01 a.m., through April 30, 2020.

The stay at home Order incorporates Maine’s Executive Orders 19 FY 19/20 when defining Essential Businesses and Operations. Under Maine’s Order, “Essential Businesses and Operations” are the sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for . . . supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, under the CISA memorandum, “workers who support the supply chain of building materials from production through application/installation, including. . . hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential.

The Maine Order Regarding Essential Businesses and Operations further adds that: “In addition for clarity here in Maine, include the following. . .industrial manufacturing, construction, maintenance of essential infrastructure. . .essential home repair. . .”

However, “Essential Businesses and Operations” shall to the maximum extent practicable comply with social distancing requirements by designating six-foot spacing requirements, have hand sanitizer and sanitizing products readily available, and implement separate operating hours for elderly and vulnerable customers.

On March 30, 2020, Maryland’s Governor amended his March 23, 2020 Executive Order by closing all non-essential businesses and other establishments and by requiring all Maryland residents to stay at home. The Order is effective March 30, 2020, at 8:00 p.m., through the termination of the state of emergency, or until rescinded, superseded, amended, or revised by additional orders. The March 30, 2020 Order is the Governor’s Fourth Amendment to the original Order.

In addition to exempting essential personal activities, the Order allows staff and owners of businesses deemed essential to travel 1) between their homes and businesses; and 2) to and from customers for the purpose of delivering goods or performing services. Maryland’s Order relates to the closure of businesses that are not part of the critical infrastructure sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

The language remains unchanged from the previous orders regarding CISA covered businesses. Notwithstanding the reference to the CISA memo, the Order specifically lists a number of businesses which must close.

View the Massachusetts Letter To Operate Here

On March 23, 2020, Massachusetts’ Governor ordered certain business operations to cease in person operation, unless the business is included within the designation of “COVID-19 Essential Workforces.” The Order is effective from 12:00 P.M. on March 24, 2020, through May 4, 2020. The extension is pursuant to COVID-19 Order No. 21.

Businesses designated as “COVID-19 Essential Workforces” include “workers such as plumbers, electricians, exterminators, inspectors and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, construction sites and projects, and needed facilities.” See https://www.mass.gov/info-details/covid-19-essential-services. These workers are listed in the “Public Works” section of the COVID-19 Essential Services listing. Additionally, “construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)” are included as essential workforces. Id (Listed under “Other Essential Community Based Service”).

On March 25, 2020, the Governor’s Legal Office provided guidance to local governments regarding the construction exemption provided for in the March 23, 2020, Executive Order. Pursuant to the March 25 guidance, Massachusetts set forth “COVID-19 Guidelines and Procedures for All Construction Sites and Workers at all Public Work.” The guidelines provide details on prevention of COVID-19, including the requirement of wash stations at all site-specific projects and a zero tolerance policy for reporting to work sick, among other social distancing requirements.

Additionally, on April 2, 2020, Massachusetts provided supplemental construction guidelines and guidance for enforcement of the COVID-19 safety guidelines and procedures for construction sites.

Under the supplemental guidelines, construction workers should follow the “General On-the-Job Guidance to Prevent Exposure & Limit the Transmission of the Virus of the COVID-19 Employee Health, protection, guidance and prevention guide.” There is a zero-tolerance policy for sick workers reporting to work. Employees are required to self-certify that they do not have symptoms, have not had close contact with someone who has tested positive, and that they have not been asked to self-isolate or quarantine. Contractors shall take immediate steps to limit infections at the job site in the event that a worker is discovered to have tested positive for COVID-19. Moreover, a contractor shall work with the local board of health to identify any potential jobsite exposures. Employee names shall be kept confidential. Any issue of non-compliance with the guidelines is grounds for suspension of work. Work will not be allowed until a plan to rectify the issues is approved by the owner.

Pursuant to the enforcement guidelines, construction sites which cannot consistently comply with COVID-19 Construction Safety Guidance—including ensuring that social distancing and safety requirements are being followed—will be suspended until a corrective action plan is provided and will be shut down for repeated violations. A city or town may additionally require the Owner to develop and submit a site-specific risk analysis and enhanced COVID-19 safety plan. A site-specific COVID-19 shall be designated for every site, and the approved the enforcement guidelines further require that the Contractor’s site-specific project COVID-19 Officer submit a written daily report. The enforcement guidelines, as well as all other state orders, take precedence over any local order.

Lastly, all designated businesses are still urged to implement social distancing protocols and if a business believes it is essential, it may request a specific designation through the Commonwealth.

View the Michigan Letter To Operate Here

View the Letter to Contractors to Designate Supplier or Manufacturer Here

Download the Letter to Designate Supplier or Manufacturer

On March 23, 2020, Michigan’s Governor issued Executive Order 2020-21 directing individuals living in Michigan to stay at home and all businesses that require workers to leave their homes, shall cease operations unless an exception is met. The Order is effective from 12:01 A.M. on March 24, 2020 through April 13, 2020, at 11:59 P.M.

Workers designated as “critical infrastructure workers” are permitted to leave their homes. In addition, all businesses that employ critical infrastructure workers may continue in-person operations, so long as workers are designated in writing of the status and the businesses adopts social distancing practices.

Michigan defines critical infrastructure workers as those workers identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

The Michigan Order also contains a section which permits businesses or operations employing critical infrastructure workers to designate suppliers, distribution centers, or service providers whose continued operation is necessary to enable, support, or facilitate the work of its critical infrastructure workers, and the accords similar rights to those suppliers, so on down the chain of suppliers. Such designations must be in writing.

View the Minnesota Letter To Operate Here

View the State Fire Marshal Letter to Fire Sprinkler Contractors Here

On March 25, 2020, Minnesota’s Governor issued Executive Order 20-20 directing all Minnesota residents to stay at home, except to engage in Critical Sector work. The order is effective on March 27, 2020, at 11:59 p.m. through April 10, 2020, at 5:00 p.m.

Minnesota defines “Critical Sector” workers as those workers identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. Moreover, the exemption is only limited to travel to and from the individuals home and place of work and the individual’s performance of work.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of homes and residences, and the Critical Sectors listed in this Executive Order,” as well as “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, Minnesota includes construction and critical trades as a “Critical Sector.” This category includes workers such as electricians, plumbers, and other related construction of all kind who provide services that are necessary to maintain the safety and essential operation of homes and residences and the Critical Sectors included in the Order. See Order §6(x)

On April 1, 2020, Mississippi’s Governor issued an Executive Order requiring all individuals in Mississippi to shelter in place, except as allowed within the Executive Order. The order is effective April 3, 2020, at 5:00 p.m. through April 20, 2020, at 8:00 a.m. Pursuant to the Order, all non-essential businesses and operation must cease. Businesses identified as “Essential Business” in Executive Order No. 1463 may remain open and operate at such levels as necessary to provide those essential services and functions.

Under Executive Order No. 1463 “Essential Business” means “construction and construction related services including building and construction. . .plumbers. . .other skilled trades, and other related construction firms and professionals for maintaining essential infrastructure.” The term also includes “essential infrastructure including. . .suppliers and distributors, supply chain companies. . .[and] electronic security and life safety services, as well as”essential services necessary to maintain the safety, sanitation and essential operations of residences and essential businesses and essential business operations, including. . .fire prevention. . .building code enforcement, security, [and] emergency management and response.”

Additionally, Mississippi Order No. 1463 includes exemptions for the personnel identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “[w]orkers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

Lastly, other categories may be identified and deemed essential by the Mississippi Department of Health, the Mississippi Emergency Management Agency, and/or other appropriate agency of the State of Mississippi.

On April 3, 2020, Missouri’s Governor, through the Director of the Department of Health and Senior Services, issued a stay at home Order requiring all individuals currently residing in Missouri to avoid leaving their homes except to work, access food, health care, and other necessities. At all times, however, each individual should practice social distancing. The Order is effective April 6, 2020, at 12:01 a.m., through April 24, 2020, at 11:59 p.m.

The Missouri Order Businesses exempts businesses which employ “essential workers” from the social gathering and social distancing requirements of the Order. Businesses which employ “essential workers” are those employed in the business sectors described in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

Those industries identified under the CISA Memorandum may remain open and are not subject to the limitations on social gatherings and social distancing. However, if a business that employs individuals to perform essential worker functions, as identified in the CISA Memorandum, and is engaged in retail sales to the public, it shall limit the number of individuals as follows: 1) twenty-five (25%) percent or less of the entity’s authorized fire or building code occupancy for retail locations with less than ten thousand square feet (10,000 ft2); 2) ten (10%) percent or less of the entity’s authorized fire or building code occupancy for retail locations with more than ten thousand square feet (10,000 ft2).

The Missouri Order permits all businesses other than those which employ “essential workers” to continue to operate provided they adhere to the social gathering restrictions, engage in social distancing, and utilize good hygiene practices. Where feasible, workers in these businesses should work from home.

Lastly, local health authorities may impose and enforce more restrictive public health requirements for businesses or individuals.

On March 26, 2020, Montana’s Governor issued an Executive Directive relating to previously issued Executive Orders. The Directive requires Montana residents to stay at home and only permits the operation of “Essential Businesses and Operations.” The Directive is effective March 28, 2020, at 12:01, a.m. through April 10, 2020.

Montana defines “Essential Businesses and Operations” as those sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of homes and residences, and the Critical Sectors listed in this Executive Order,” as well as “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, Montana’s Directive permits individuals to perform work relating to “Essential Infrastructure.” Essential Infrastructure, defined in Section I, paragraph 8 of the Directive, includes construction and building maintenance (such as hospital construction), which, per the Directive, is to be “construed broadly to avoid any impacts to essential infrastructure.” Also, Montana’s Directive includes critical trades as an “Essential Businesses and Operations.” This category includes workers such as electricians, plumbers, and other service providers who provide services that are necessary to maintaining the safety and essential operation residences and Essential Businesses and Operations.

The Directive requires all Essential Businesses and Operations to maintain the social distancing requirements of at least six (6) feet distancing, regular cleaning of surfaces, and facilitating remote access if possible.

On March 31, 2020, Nevada’s Governor issued a stay at home Order requiring all Nevadans to stay in their residences, with limited exceptions, such as to provide services or perform work necessary to the operations set forth in the March 20, 2020 Emergency Regulations. The Order is effective until April 30, 2020.

Under the Order, Nevada residents may leave their residences to provide services or perform work necessary to the operations of Essential Licensed Businesses and Essential Infrastructure. The March 20, 2020 Emergency Regulations define “essential infrastructure” as “operations, including construction [and] housing construction.” Additionally, Nevada residents may leave their residence to provide services or perform work necessary to other “Essential Licensed Businesses.” Per the Emergency Regulations, “Essential Licensed Businesses” include “construction, housing construction, manufacturing, plumbers, electricians and others who provide services necessary to maintain the safety, sanitation, and essential operations of residences or businesses.”

Directive 003, issued on March 20, 2020, permits the construction, manufacturing, and infrastructure sector labor force may continue operations, but shall maintain strict social distancing practices and comply with any applicable regulations.

Directive 003 shall not be construed to hinder the ability of the industries identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response to continue their operations.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

View the New Hampshire Letter To Operate Here

On March 26, 2020, New Hampshire’s Governor ordered the closure of non-essential businesses and requiring New Hampshire individuals to stay at home. The order is effective on March 27, 2020, at 11:59 p.m. until May 4, 2020, at 12:01 a.m.

New Hampshire Order references an “Exhibit A” which lists “Essential Services.”2 An “essential services” designation permits an entity to continue operating with necessary staff to complete critical and essential functions. New Hampshire makes it clear the list of “essential services” is subject to change and any updates will be available at https://www.nheconomy.com/covid19.

Included in New Hampshire’s list of “Essential Services” are: construction workers who support the construction, operation, inspection, and maintenance of construction sites and projects, including housing construction and manufacturing companies, distributors, and supply chain companies producing and suppling materials and products for industries that include construction. Additionally, workers ensuring continuity of building functions, such as providing other safety related professional work are included as “Essential Services.”

“Essential Services” are still urged to maintain social distancing protocols by prohibiting gatherings of 10 or more individuals; maintaining a distance of six feet between individuals; and encouraging employees to stay at home when sick.

Lastly, New Hampshire permits businesses not designated in the exhibit to request an “essential services” designation.

View the Letter To New Jersey Members Here

On March 21, 2020, the Governor of New Jersey signed Executive Order 107. The Executive Order is effective until further modified or rescinded and orders all New Jersey residents to remain home except for limited circumstances, such as reporting to, or performing, their job.

The New Jersey order closed retail and other recreational and entertainment businesses, unless exempted. Aside from those businesses, the New Jersey order provides “[t]o the extent a business or non-profit has employees that cannot perform their functions via telework or work-form-home arrangements, the business . . . should make best efforts to reduce staff on site. . . .”

Therefore, New Jersey has not significantly curtailed commercial enterprise compared with other states, as the New Jersey Order is limited to retail businesses. Social distancing should be practiced in industries which remain open.

On March 23, 2020, New Mexico’s Department of Health Secretary issued a public health Order closing all businesses except those deemed essential. The order is in effect until rescinded and closes certain businesses and advises New Mexico’s citizens to stay at home.

The Order defines “Essential business” as “infrastructure operations including, but not limited to, public works construction [and] commercial and residential construction and maintenance.” Additionally, the order includes “services necessary to maintain the safety and sanitation of residences or essential businesses including . . . plumbers, electricians, and other skilled trades,” and manufacturing operations to include “electrical equipment, appliance, and component manufacturers…”

These essential businesses are exempt from the Order to reduce the in-person workforce at each business location by 100%. However, while “Essential businesses” may remain open, they must, to the greatest extent possible, adhere to social distancing and ensure that all surfaces are cleaned routinely.

New York has continued to modify its stay at home Order. Gov. Cuomo’s most recent stay at home Order, No. 202.8, modifies the initial stay at home Order, 202.6, by requiring all businesses to utilize telecommuting procedures and reduce in-person workforce by 100% no later than March 22, 2020 at 8:00 p.m. However, the restrictions do not apply to “an entity providing essential services or functions whether to an essential business or a non-essential business.”

New York did not include in the Order a definition of essential services, instead issuing a separate policy directive. According to the Governor, and for purposes of Executive Order 202.6, the initial stay at home order, “Essential Business,” includes twelve (12) sectors.2 New York provides within the definition of essential services that “all non-essential construction must shut down except emergency construction.” For purposes of the Order, essential construction may continue and includes “roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters.” Enforcement of the construction restrictions may include fines of up to $10,000 per violation. However, construction work under this section [construction] does not include a single worker, who is the sole employee/worker on a job site.

While there are limitations on construction, businesses providing essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses, including “fire prevention and response” and “building code enforcement” are included as “Essential Businesses.” Also included within Essential Services is “maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein.” New York also provides an avenue to have a business designated as an essential business.

On March 27, North Carolina’s Governor issued a Stay at Home Order effective March 30, 2020, at 5:00 p.m., through April 29, 2020, unless repealed, replaced, or rescinded by another Executive Order. The Order permits North Carolina residents to leave their homes for Essential Activities, Essential Governmental Operations, or to participate in or access COVID-19 Essential Businesses and Operations.

North Carolina defines “Essential Businesses and Operations” as those sectors identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of homes and residences, and the Critical Sectors listed in this Executive Order,” as well as “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additionally, North Carolina includes “Critical Trades” as “Essential Businesses and Operations.” This category includes workers such as electricians, plumbers, and other service providers who provide services that are necessary to maintaining the safety and essential operation residences and Essential Businesses and Operations. See Order §2(C)(15). Businesses that sell, manufacture, support or supply essential businesses fall within the definition of essential businesses, See Order §2(C)(21), as do those manufacturing companies, distributors, and supply chain companies producing and supplying essential product and services in and for industries such as construction. See Order §2(C)(26).

The order requires all Essential Businesses and Operations to maintain the social distancing requirements of at least six (6) feet distancing, regular cleaning of surfaces, and facilitating remote access if possible.

View the Ohio Letter To Operate Here

On Sunday, March 22, 2020, the Governor of Ohio issued, through the Director of the Ohio Department of Health, a stay at home Order that goes into effect on March 23, 2020, at 11:59 p.m., remaining in effect until 11:59 p.m. on April 6, 2020, unless the Order is rescinded or modified. The order requires all business, except Essential Infrastructure and Essential Businesses and Operations, to cease.

The Order provides that “individuals may leave their residences to provide any services or perform any work necessary to offer, provision, operate, maintain and repair Essential Infrastructure.” Essential Infrastructure is then defined by a list of business types, including, but not limited, to the following:

“. . .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, school construction, essential business construction, and housing construction); building management and maintenance; operation and maintenance of utilities, including water. . .”

The Order defines Essential Businesses and Operations, relating to NFSA, to include critical trades. Critical trades are:

Building and Construction Tradesmen and Tradeswomen, and other trades including but not limited to plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses and Operations.

The Order also exempts “stores and businesses that sell electrical, plumbing, and heating material;” “businesses that sell, manufacture, or supply other Essential Businesses and Operations with the support or materials necessary to operate, including. . .electrical, plumbing, and heating material;” and “manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as. . .construction. . .as well as products used by other Essential Businesses and Operations.”

The Order also references the CISA memorandum, which considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for. . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

It is our position that NFSA contractors, suppliers, and manufacturers fall within the definitions Essential Businesses and are therefore exempted from the Order. However, employees are still under order to maintain Social Distancing, or at least six feet distancing, from other individuals.

On March 24, 2020, Oklahoma’s Governor amended his COVID-19 Executive Order. The amended Order requires Oklahoma adults over the age of sixty-five (65) and all people with a serious underlying medical condition to stay at home except for working in a critical infrastructure sector. Further, the Order requires all business not identified as a critical infrastructure sector to close. The Order is effective from 11:59 P.M. on March 25, 2020 until April 16, 2020.

Oklahoma defines critical infrastructure sectors by referring to the CISA memorandum. The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

Additional sectors may be designated as critical by Executive Order or Memorandum.

View the Oregon Letter To Operate Here

On Monday, March 23, 2020, Oregon’s Governor issued a stay at home Order effective immediately and in effect until terminated by the Governor. The Order directs Oregon residents to stay at home and closes certain businesses, such as amusement parks, barbershops, museums, and similar businesses where close personal contact is difficult or impossible to avoid. Additionally, the Oregon Health Authority has authority to determine additional business closures.

All other businesses shall facilitate work-at-home to the greatest extent possible. To the extent work-at-home is not an option, each business must designate an employee or officer to “establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority. Such policies also must address how the business . . . will maintain social distancing protocols for business-critical visitors.”

View the Pennsylvania Letter To Operate Here

On March 19, 2020, the Governor ordered all non-life sustaining businesses to cease operations. Within the Order, the Governor provided a list of businesses and provided whether the business may continue physical operations. See https://www.scribd.com/document/452553026/UPDATED-5-45pm-March-21-2020-Industry-Operation-Guidance. Pennsylvania’s Order does not expressly reference the CISA memo; however, it developed the list of businesses by consulting the CISA memo.

In reviewing the list of businesses, “commercial and industrial machinery and equipment Repair and Maintenance” may continue physical operations. Additionally, various merchant wholesalers of durable goods may continue physical operations.

At this time, we believe that NFSA companies are being allowed to operate in Pennsylvania. We will provide further guidance if this changes.

If a business is not covered as a life-sustaining business under the provided list, the business may request a waiver. See https://expressforms.pa.gov/apps/pa/DCED/Waiver-process-keeping-physical-locations-open.

Pennsylvania continues to expand its list of businesses and those looking for exemptions should regularly check the listing. This may be in part due to the surge in waiver applications.

On March 28, 2020, Rhode Island’s Governor issued her eleventh supplemental emergency declaration requiring all Rhode Island resident to stay home unless traveling to work. Additionally, the Order prohibits all gatherings of more than five (5) people in any public or private space such as an auditorium, stadium, arena, large conference, meeting hall, or park or beach, among others. Lastly, the Order closes certain retail businesses, deemed non-critical retail businesses. Under the Order, Rhode Island defines critical retail businesses to include. . .industrial and agricultural/seafood equipment and supply stores, hardware stores, and other stores and businesses identified as critical by the Department of Business Regulation. The Order is effective until April 13, 2020.

On April 6, 2020, South Carolina’s Governor issued a Stay at Home or Work Order requiring any and all residents and visitors of South Carolina to limit their movements outside of their home except as allowed by the Order, such as for engaging in Essential Business, Essential Activities, or Critical Infrastructure Operations. The Order is effective April 7, 2020, at 5:00 p.m. through the State of Emergency. Essential Business is defined to specifically exclude entertainment venues, recreational and athletic facilities, close contact service providers and certain retail operations. Additional specific restrictions are placed on these retail business which may permit them to remain in operation.

South Carolina defines Critical Infrastructure Operations as, inter alia, individuals performing or assisting with military, healthcare, public safety, or emergency response operations, as well as any other operation or service identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

Lastly, all businesses are urged to promote effective “social distancing” practices, to facilitate self-isolation, and to otherwise prevent exposure to COVID-19.

On March 30, 2020, Tennessee’s Governor issued a stay at home Order urging all persons in Tennessee to stay at home except when engaging in Essential Activity or Essential Services. The Order is effective March 31, 2020, at 11:59 p.m., through April 14, 2020, at 11:59 p.m.

Under the Order, all non-essential businesses shall close, and those “Essential Services” that may remain open are required to follow all Health Guidelines to reduce the spread of COVID-19. For purposes of the Order, “Essential Services” includes personnel identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, under the CISA memorandum, “[w]orkers who support the supply chain of building materials from production through application/installation, including. . . hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential.

Additionally, under the Tennessee Order, “Essential Infrastructure Operations” are exempted, including “construction-related services, including, but not limited to, construction required in response to this public health emergency. . .and housing construction” and “building management and maintenance.” Also included are “Critical Trades” which includes “building and construction tradesmen . . . and other trades, including, but not limited to, plumbers, electricians . . . and other manufacturing, distribution, retail or service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activity, and Essential Services, including electronic security and life safety services to assist with fire prevention and response, security, and emergency management and response.” Also, businesses that sell, manufacture or supply other Essential Services with the support or materials to necessary to operate are included with the definition of Essential Services, as well as manufacturing, distribution and supply chain for critical products.

The Order includes within the exemption businesses that operate at all times with ten or fewer persons accessing the premises at a time, provided the Health Guidelines are followed.

Lastly, the Order expressly states that it does not repeal, preempt, or otherwise limit any local orders.

On March 31, 2020, Texas’ Governor signed an Executive Order requiring every person in Texas to minimize social gatherings and minimize in-person contact, except where necessary to provide or obtain essential services. The order is effective April 2, 2020, at 12:01 a.m., through April 30, 2020.

Under the Order, “Essential services” consist of personnel identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, under the CISA memorandum, “[w]orkers who support the supply chain of building materials from production through application/installation, including. . . hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential.

Additionally, the Texas Division of Emergency Management (“TDEM”) may add to the list of businesses considered “Essential services.” Businesses may apply to be added to the list at the TDEM website.

Please note that nothing in this Order appears to explicitly close a class of businesses that affects NFSA contractors, suppliers, or manufacturers. NFSA is closely monitoring this situation and will update as appropriate.

Finally, the Order notes that it shall supersede any “conflicting order” issued by local officials in response to COVID-19, but only to the extent the order restricts essential services or allows gatherings prohibited by the Order.

On March 25, 2020, the Governor of Vermont issued a stay at home Order, effective March 25, 2020, at 5:00 p.m., through April 15, 2020. The Order requires all businesses to suspend in-person business operations, unless providing services or functions deemed critical to public health and safety.

Vermont provides the following functions are deemed critical: construction necessary to support the COVID-19 response and maintain crucial infrastructure (including utilities, telecommunication, airports and transportation infrastructure); building and property services for the safety and operations of residences and other businesses; and other vendors of equipment repair and maintenance services necessary to support the COVID-19 response.

Additionally, Vermont’s Agency of Commerce and Community Development issued guidance for Vermont businesses. Vermont provided a detailed list based on the 4 digit NAICS code to determine whether a business is critical. However, the State’s COVID-19 response Frequently Asked Questions document indicates that “all business activities and workers identified in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response are deemed critical to Vermont.

The CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses, and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response,” as well as “workers necessary for the manufacturing of materials and products needed for. . .supply chains associated with. . .emergency services,” “workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations.” Additionally, “workers who support the supply chain of building materials from production through application/installation, including. . .hardware, plumbing, electrical. . .and employees who provide services that enable repair materials and equipment for essential functions” are considered essential under the CISA memorandum.

View the Virginia Letter To Operate Here

On March 30, 2020, Virginia’s Governor issued an Executive Order requiring all individuals in Virginia to remain in their place of residence, unless exempted pursuant to a future or revised order. Executive Orders 53 and 55 are now effective March 30, 2020, through June 10, 2020, unless amended or rescinded by further executive order.

Executive Order 53 closes businesses relating to dining, such as restaurants, food courts, breweries, wineries, and farmers markets. Additionally, Order 53 closes various recreational and entertainment businesses, such as theaters, concert venues, museums, gymnasiums, barbershops, spas, tattoo shops, racetracks, bowling alleys, and other places of indoor public amusement. Essential retail, such as grocery stores, pharmacies, auto repair facilities, hardware retailers, liquor stores, pet stores, and laundromats, among others may remain open. Other brick and mortar retail business must limit in-person shopping to no more than 10 patrons per establishment.

Remaining businesses may remain open but utilize teleworking as much as possible and adhere to social distancing recommendations.

Executive Order 55, the Stay at Home Order, closes additional areas of Virginia, such as the closure of public beaches and the continuation on the ban of all public and private in-person gatherings of more than ten (10) individuals.

On March 23, 2020, Washington’s Governor issued a stay-at-home Order, effective 12:00 A.M., March 25, 2020. The Order has been extended until May 4, 2020. All Washington residents are prohibited from leaving their home except to conduct or participate (1) essential activities, and/or (2) employment in providing essential business services. All non-essential businesses shall cease operations except for performing basic minimum operations, which are the minimum activities necessary to maintain the value of the business’ inventory, preserve equipment, ensure security, process payroll, and facilitate work from home.

In defining “essential business,” the Governor linked to an appendix, listing essential businesses by sector. The guidance generally provides that “fire mitigation activities” are considered essential, as well as “workers such as plumbers, electricians . . . and other service providers who provide services that are necessary to maintaining the safety . . . of residences.” The same exception also applies to maintaining the safety . . . and essential operation of construction sites and projects. Also included are “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.”

Essential businesses must establish and implement social distancing and sanitation measures, as established by the United States Department of Labor’s Guidance on Preparing Workplaces for COVID-19 and the Washington State Department of Health Workplace and Employer Resources & Recommendations.

On March 30, 2020, Washington D.C.’s Mayor issued a stay at home Order (“Mayor’s Order 2020-054”) requiring all individuals living in Washington D.C. to remain at home. The Order is effective April 1, 2020, at 12:01 a.m., through April 24, 2020, or until it is extended, rescinded, superseded, or amended. The order permits individuals to leave their residences to work at Essential Businesses. The Mayor’s March 24, 2020, (“Mayor’s Order 2020-053”) closes all non-essential businesses and prohibits large gatherings of ten or more people.

For purposes of the Stay at Home Order, Washington D.C. incorporates the March 24 order and defines “Essential Business” as “Construction and Building Trades, including plumbers; pipefitters; steamfitters; electricians; . . .businesses that sell supplies and materials for maintenance of commercial and residential buildings and homes . . . and businesses that provide services that are necessary to maintaining the safety, sanitation, and operation of residences and Essential Businesses.” Mayor’s Order 2020-053, § IV(1)(j).

Additionally, Mayor’s Order 2020-54 provides the Department of Consumer and Regulatory Affairs (“DCRA”) may request, and an Essential Business must provide its plans for complying with the requirements to minimize person-to-person contact and achieve social distancing. Moreover, the DCRA may summarily close a business, subject to a subsequent hearing.

View the West Virginia Letter To Operate Here

On March 23, 2020, West Virginia’s Governor issued a stay-at-home Order, effective 8:00 P.M. March 24, 2020 until termination by subsequent order. All West Virginia residents are ordered to stay at home unless performing an essential activity, which includes going to and from an individual’s workplace if such workplace is an “Essential Business and Operation.” Unless a business is deemed “essential” by the Order, they are required to cease all activities except minimum basic operations.

The Governor identifies the industries and workers described in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response as essential. In addition, the Order identifies essential infrastructure, such as construction, which is construed broadly according to the Order, as essential. Moreover, critical trades, such as construction tradesmen, plumbers . . . and other service providers who provide services that are necessary to maintain the safety . . . of residences are deemed essential. Manufacturers of products used by essential businesses are also permitted to remain in operation, as are businesses that supply essential businesses with support or materials, including electrical and plumbing material

Lastly, the CISA memorandum considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

On March 24, 2020, Wisconsin’s Governor issued a stay at home Order, effective from 8:00 a.m. on March 25, 2020, through 8:00 a.m. on April 24, 2020, or until a superseding order is issued. All Wisconsin individuals are ordered to stay at home, unless performing essential activities or operating “essential businesses and operations,” among others. Unless a business is deemed “essential” by the Order, it is required to cease all activities except minimum basic operations and operations consisting of working from home.

The Order permits individuals to perform work relating to “Essential Infrastructure.” Essential Infrastructure, defined in paragraph 10 of the Order, includes construction and building maintenance (such as hospital construction), which, per the order, is to be “construed broadly to avoid any impacts to essential infrastructure.” Additionally, in paragraph 13.a, Wisconsin’s Order includes those industries and workers described in the CISA Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, as essential. Additionally, critical trades, such as construction tradesmen, plumbers, pipe trades . . . and other service providers who provide services that are necessary to maintain the safety . . . of residences, Essential Activities, Essential Governmental Functions, and Essential Businesses and Operation are deemed essential by the Order. Paragraph 13.n.

This latter designation overlaps somewhat with the CISA memorandum, which considers essential “workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences,” “workers necessary for the manufacturing of materials and products needed for . . . emergency services,” “ workers to ensure continuity of building functions,” or “workers–including contracted vendors—who maintain, manufacture, or supply digital systems infrastructure supporting law enforcement emergency service, and response operations.”

All “essential businesses” shall ensure social distancing and not engage in door-to-door solicitation. Moreover, a business can request an essential designation through the Wisconsin Economic Development Corporation.