Construction can continue in New York, California and Illinois amid shutdown orders. In other regions, it鈥檚 banned
(Photo by Mike C. Valdivia on Unsplash. (N/A). 鈥淢ike C. Valdivia New York skyline photo鈥�)
To help battle the coronavirus outbreak, governors of several states have shut down all but essential services in recent days. This has left building departments, state building associations and elected officials inundated with questions from contractors in affected areas. Heads of AEC firms of all sizes and functions, including subcontractors and architects, are looking for guidance on whether their work can proceed.
For now, it appears that the shutdowns that have been enacted so far exempt most construction activities, but with caveats. ( for Construction Dive鈥檚 map tracking construction closures across the country.)
New York: construction can continue
For example, Gov. Andrew Cuomo鈥檚 鈥淣ew York State on PAUSE鈥� executive order, which went into effect last night, mandates 100% closure of all nonessential businesses and bans all nonessential gatherings. It permits skilled trades such as electricians, plumbers and other related construction firms and professionals to provide work on-site for essential infrastructure or for emergency repair and safety purposes.
According to Mike Elmendorf, CEO of the Associated General Contractors of New York State, this exemption applies to all construction in the state, per guidance from the Empire State Development Corp., a state agency tasked with supporting economic incentives.
In an email to members, Elmendorf also said that construction firms do not need to request a special designation in order to continue work. However, firms must comply with other rules, according to a , which says that only employees who are needed to provide essential products and services are permitted to work at the business location.
Essential businesses are still required to utilize telecommuting or work from home procedures 鈥� especially for support staff 鈥� to the maximum extent possible, it states. Nonessential businesses, under which architecture primarily falls, for instance, are required to work remotely under the 鈥渟tay at home鈥� orders.
In New York City on Sunday, Mayor Bill de Blasio said the city is working within state parameters but that it is 鈥渋mportant鈥� to discuss with state officials whether all construction, such as the building of luxury condos, should remain exempt, .
Illinois and California: construction can continue
On Saturday, Illinois Gov. JB Pritzker鈥檚 statewide stay at home order went into effect in order to keep new cases of COVID-19 from rapidly increasing and to ensure the state鈥檚 health care system remains fully operational to treat patients in need of urgent care. As in New York, the Illinois mandate deems construction essential and therefore allowed to continue.
A 鈥渟tay at home鈥� order does not pertain to current construction projects in the state. Although by California Gov. Gavin Newsom does not mention construction, lists it as one of the sectors that is not affected.
鈥淭he 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 , critical government services, schools, childcare and construction, including housing construction,鈥� it reads.
The Associated General Contractors of California鈥� is also seeking clarification on whether Newsom鈥檚 measure supersedes more stringent shutdown mandates in other parts of the state, most notably the San Francsico Bay Area.
鈥淭here is still some ambiguity that we have to work through,鈥� AGC of California CEO Peter Tateishi told Construction Dive. 鈥淏ut we鈥檙e telling members who ask if they can go to work today that if they鈥檙e on an existing project, they鈥檙e exempted.鈥�
Pennsylvania鈥�: construction must stop
Meanwhile, to close all 鈥渘on-life sustaining businesses鈥� . The order requires the closure of all real estate brokerage firms, as well as the cessation of construction of all residential and non-residential construction, utility, highway, street and bridge construction, starting tonight. The closure of construction sites in Philadelphia has been extended to Friday at 5 p.m.
On Friday, the Wolf administration granted an exception for healthcare facilities, including the University of Pennsylvania鈥檚 $1.5 billion .
4 Massachusetts cities: construction must stop
, as well as Cambridge, Chilmark and West Tisbury, Massachusetts.
These bans have generated strong opinions from local contractors, with some seeing the need to put safety first and others saying the move will hurt the economy and jobs.
鈥淭here are no completely safe places. But there is, most likely, no safer place to be than a construction site typically in the middle of nowhere,鈥� wrote on commenter on a about the shutdown. 鈥淒o we all ride to work together? No way! Do we share tools on the job site? Not anymore. Not for at least the last two weeks. Common sense has taken a backseat to the decision-making process. As was suggested before, some out-of-work people would probably appreciate getting some part-time work with a builder, landscaper or painter. [These are] all occupations where 鈥渟ocial distancing鈥� has always been in effect for efficiency purposes.鈥�
More clarity is needed
Contractors in affected areas agree that these types of statewide mandates are not easy to decipher. Last week, the U.S. Chamber of Commerce , urging his administration to issue guidance that would clarify terms such as essential infrastructure and essential businesses and services.
Chamber CEO Thomas J. Donohue鈥檚 letter requested the federal government to recommend exemptions that allow workers to leave their residence to provide any services or perform any work necessary to the operations and maintenance of essential infrastructure, including public works construction, residential construction and operation of roads and highways, among other activities.
While saying that business closures are important in helping to reduce the threat of the virus, Donohue stressed that governments should provide clear guidance on their mandates.鈥淚t is important that these orders do not inadvertently harm businesses and services that support the essential infrastructure needed to successfully combat this pandemic,鈥� he wrote.鈥�