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Limited Construction Can Begin May 1, Other Construction Industry Guidance Issued

As discussed in a prior Alert, the Governor issued an Order on April 20, 2020 stating that “limited construction activities” could commence on May 8, 2020.  Two days after issuing that Order the Governor announced that he was moving the limited construction start date up to May 1, 2020.  On April 23, 2020, the Governor issued a press release stating that limited construction activities could begin on May 1, 2020 and issuing Guidance for Businesses in the Construction Industry (the “Guidance”).  The Guidance is linked below in this Alert.

Under the Guidance “all businesses in the construction industry in the Commonwealth, including those in new construction, renovation, and repair, as well as land subdivision and design-related fields” are permitted to begin in-person operations on May 1, 2020, subject to the operational limitations set forth in the Guidance.  Some highlights from the Guidance include the mandate that all businesses and employees must do the following:

  • Abide by the Secretary of Health’s Worker Safety Order, discussed and linked in a prior Alert, which applies to all businesses in Pennsylvania with in-person operations.
  • Abide by the Secretary of Health’s Building Safety Order, linked below in this Alert.
  • Require social distancing of at least 6-feet, unless safety concerns dictate otherwise, and limit gatherings to no more than 10 people.
  • Implement hygiene and cleaning protocols, including: providing hand washing stations, identifying and regularly cleaning high-trafficked areas, limiting tool sharing, and sanitizing tools.
  • Where feasible, stagger shifts, limit stacking of trades, use virtual meetings, limit visitors on site, and limit access to enclosed spaces.
  • Follow all applicable CDC and DOH guidance.
  • Identify a “Pandemic Safety Officer” for each job site whose responsibility it will be to convey, implement, and enforce social distancing and other requirements of applicable guidance. 

Additionally, for residential buildings (detached one-family and two-family dwellings not more than three stories above grade), all construction projects—whether new construction, renovation, or repairs—are limited to only four people on the job site at one time, including employees of both the prime contractor and sub-contractors, but excluding delivery people, code inspectors, and similar people that only require temporary access. 

For commercial construction, projects are limited to four people on sites of 2,000 square feet or less.  One additional person is permitted for each additional 500 square feet of enclosed area in excess of 2,000 square feet. 

Our office is closed pursuant to the Governor’s Business Closure Order.  However, MacDonald Illig attorneys are working remotely and are available at any time via e-mail or cell phone to assist you with any legal matter during this unprecedented time.

 

Legal Advice Disclaimer: The information presented on this website serves solely as general guidance and should not be construed as legal advice by MacDonald, Illig, Jones & Britton LLP as a replacement for seeking personalized legal counsel from a qualified attorney. MacDonald, Illig, Jones & Britton LLP does not assume liability for the accuracy or reliability of content hosted on any third-party websites accessible through links provided on this site.