Additional information on construction requirements under Stay-At-Home order
The purpose of this email is to share the additional guidance from the Governor’s Office and to correct the Monday SMACNA summary concerning the six-foot distance requirement.
On Monday SMACNA sent out a summary of construction requirements under the Stay-At-Home order. The April 24 Phase 1 Restart Construction Plan will allow low risk construction activity to resume. Yesterday the Governor’s Office sent out further clarification on what will qualify as an
existing
construction project under the Phase 1 Plan.
Background
The Stay-At-Home order issued on March 23 halted work on all construction projects except for work on previously authorized essential projects. Generally speaking, essential construction projects include public sector projects, work on facilities for essential businesses and work necessary to secure construction sites.
On April 24 the Phase 1 Restart Construction Plan was issued. This plan allows
existing
low risk construction projects to restart provided they adhere to the requirements in the Plan.
View Phase 1 Restart plan
.
A low-risk construction project is one that can meet the criteria in the Phase 1 Plan and
was in existence
prior to March 23.
Included in the April 24 order is the requirement that all essential construction projects also adhere to the requirements in the Phase 1 plan. Essential construction projects must conform to the Phase 1 Plan requirements by May 1. (See clarification on six-feet distance requirement for essential construction projects below.)
Clarification on existing construction projects
Yesterday the Governor’s Office sent out clarification on what an
existing construction project
is under the Phase 1 Restart Construction Plan.
View April 29 memo
and
FAQ document
.
The FAQ document is very helpful in understanding what construction is allowed.
In brief, the construction projects that can proceed are:
- Essential construction projects previously authorized for facilities of public sector entities and businesses that are deemed essential.
- Existing projects that were under a contract that was entered into prior to March 23, 2020.
- Existing construction projects that were authorized by a government-issued permit obtained prior to March 23, 2020.
These projects can only proceed if they meet the Phase 1 Restart Construction criteria with the exception for essential projects that is noted below. We encourage you to read these documents rather than rely on our summary.
Clarification on application of six-foot distance requirement
I want to correct a statement on incidental contact made in the Monday email. No incidental contact is allowed.
There are no exceptions to the six feet distance rule for non-essential construction projects.
Previously authorized construction (essential construction projects)
must comply with all Phase 1 requirements
. In instances where six-foot distancing cannot be followed for a specific task or tasks on previously authorized construction sites, the contractor must create and implement a hazard control and safety plan with mandated PPE. Use the following LNI document to design a hazard control and safety plan for these circumstances.
View LNI document
.
What’s next
The construction advisory committee is working on recommendations that would allow projects with more complicated work settings and new projects to proceed. Once the recommendations are ready, they will be sent to the Governor for his consideration. SMACNA will keep you apprised of these developments. Please let me know if you have questions.
Julie Muller, Esq.
Executive Vice President
