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COVID-19: Pennsylvania to Allow Limited Construction Activities to Resume
Practical Law Legal Update w-025-1395 (Approx. 3 pages)
COVID-19: Pennsylvania to Allow Limited Construction Activities to Resume
by Practical Law Real Estate
| Published on 22 Apr 2020 • Pennsylvania |
Pennsylvania Governor Tom Wolf has amended his existing COVID-19 business closure order to allow limited in-person construction activities to resume May 1, consistent with issued guidance and safety and social distancing standards set by the Pennsylvania Department of Health.
On April 20, 2020, Pennsylvania Governor Tom Wolf, as part of his three-phase plan to address the impacts of the 2019 novel coronavirus (COVID-19) pandemic on Pennsylvania, announced an amendment to his March 19, 2020 business closure order that will allow limited in-person construction activities to resume across the state on May 8, 2020. This date was accelerated to May 1, 2020, pursuant to an announcement made by Governor Wolf on April 22, 2020 and to specific guidance issued on April 23, 2020.
Governor Wolf's existing Order, dated March 19, 2020, directed the closure of all businesses that are not life sustaining, including most construction activities, except for:
- Emergency repairs.
- Healthcare facilities.
- Waiver-approved projects.
The Governor's Amendment to the Order, dated April 20, 2020 (and corresponding Amendment to the Department of Health's Order, dated April 20, 2020) (Amended Orders), and the subsequent Guidance for Businesses in the Construction Industry Permitted to Operating During the COVID-19 Disaster Emergency (Guidance) issued by the Governor on April 23, 2020, allows limited in-person construction activities to resume on May 1, 2020, subject to the Guidance and the safety and social distancing guidelines provided by the Department of Health.
The Guidance includes the following restrictions on in-person construction activities:
- For residential construction, only four workers will be allowed on site at one time.
- For commercial construction:
- for projects of 2,000 feet or less, four workers will be allowed on site at one time.
- for projects of 2,000 feet or more, for every additional 500 square feet, an additional worker may be added.
The Guidance also recommends the following health and safety measures on site:
- Stagger work schedules and trades to minimize workers on site.
- Limit tool sharing and sanitize shared tools.
- Employ site screening based on CDC guidance to determine if workers should be on site.
- Prohibit unnecessary visitors and limit deliveries.
- Limit access to enclosed spaces.
- Ensure workers are traveling to and from the site separately.
- Identify a Pandemic Safety Officer who will convey, implement, and enforce the social distancing and other requirements of the Guidance on site.
The Amended Orders and Guidance apply to healthcare and waiver-approved construction projects.
As a business authorized to conduct in-person operations, construction projects that resume would also be subject to the Department of Health's Order, dated April 15, 2020, outlining public health and safety measures for businesses permitted to maintain in-person operations.
Practical Implications
The Amended Orders and Guidance will allow construction projects to resume across Pennsylvania, albeit at a limited capacity. Developers should plan for slower workflows and be prepared to comply with the Department of Health's safety guidelines, including supplying masks and other personal protective equipment to their workers. As the state continues to reopen, and subject to the course of COVID-19 in Pennsylvania, the Governor and Secretary of Health may further adjust their orders and guidance.
For a collection of resources related to global coronavirus, COVID-19, pandemics, and business interruption content, see Global Coronavirus Toolkit.