B. General Regulations
This Order and any emergency rules or regulations effected therefrom remain effective until the termination of the State of Emergency, except as may be rescinded, superseded, amended, or revised by additional orders.
N. Phase Two Reopening
INDIVIDUAL OBLIGATIONS OF SOCIAL DISTANCING, FACE COVERINGS, AND TRANSMISSION REDUCTION EFFECTIVE DECEMBER 14, 2020:
- While in the State of Delaware, all individuals must follow the Phase 2 Reopen Plan “General Guidance: Individuals” to promote social distancing and reduce transmission of COVID-19, available at https://governor.delaware.gov/wp-content/uploads/sites/24/2020/06/Delaware-Economic-Reopening-PHASE-2.pdf.
- For purposes of this Twenty-Seventh Modification, “Minimum Social Distancing Requirements” means maintaining at least six (6) foot social distancing from any individual who is not a member of the same household or a caregiver to someone in that household, washing hands with soap and water for at least twenty (20) seconds as frequently as possible or using hand sanitizer composed of at least sixty percent (60%) ethanol or seventy percent (70%) isopropanol, covering coughs or sneezes with something other than one’s hands (e.g., elbow, handkerchief), regularly cleaning high-touch surfaces, and not shaking hands.
- Beginning on Monday, December 14, 2020 and until further notice, Delaware residents are advised and strongly encouraged to stay home as often as possible and to only leave home to go to work or school, or for necessary needs such as seeking medical care, going to the grocery store or pharmacy, or picking up food. Individuals leaving their residence for work, school or other activities are advised and strongly encouraged to take the following steps to reduce transmission of COVID-19:
- Do not gather with anyone outside of your household, in their home or yours.
- Individuals who are not part of the same household are strongly encouraged to remain at least six (6) feet apart to the greatest extent possible and are encouraged to maintain greater physical distance whenever possible to avoid becoming a close contact. The CDC definition of a close contact is “someone who was within six feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period.”
- Individuals aged Kindergarten and up must wear a face covering while in attendance at any private indoor gathering or event with members of other households, including in their own home, irrespective of physical distance.
- Carry hand sanitizer and use it frequently.
- Wash hands using soap and water for at least twenty (20) seconds as frequently as possible.
- Regularly clean high-touch surfaces such as steering wheels, wallets, phones and keyboards.
- Individuals who are sick are urged to stay in their residences except as necessary to seek medical care. Individuals who are considering delaying medical care are encouraged to consult with a medical provider.
- Avoid any unnecessary travel outside the home.
- All vulnerable individuals, including those at high risk of severe illness from COVID-19, are strongly advised to stay at home, except that routine medical care should not be postponed without consulting a medical professional. Members of households with vulnerable residents should be aware that by visiting environments where distancing is not practical, they could carry COVID-19 home. Precautions should be taken to isolate oneself from vulnerable individuals in the home.
SOCIAL GATHERINGS AND EVENTS IN PHASE 2:
- Definitions. For purposes of this Twenty-Seventh Modification to the COVID-19 State of Emergency declaration, the term “gathering” shall mean a planned or spontaneous event, indoors or outdoors, with a small number of people participating or a large number of people in attendance, such as a community event or gathering, concert, festival, conference, parade, wedding, or sporting event. In applying the definition of “gathering,” DPH may, in its discretion, assess and weigh the following non-exclusive criteria:
- Whether the event or activity is advertised to the public or offered by invitation.
- Whether the event or activity occurs at a specific, date, time, and location.
- Whether the event or activity has a specific beginning or ending time.
- Whether the event or activity intends to draw people together for a common or particular purpose.
- Whether the event or activity is designed to promote or ensure that performers, speakers, or attendees share a common experience, purpose, or goal.
- Indoor Gatherings/Events: All gatherings or events held within any business or indoor space open to the public (including, but not limited to: food and drink establishments; commercial lodging; convention centers; houses of worship; pools; senior centers; and those in parks and recreation facilities or at facilities without a stated fire code occupancy) shall comply with the gathering requirements set forth by this Twenty-Seventh Modification. Indoor gatherings or events at any business or indoor space open to the public of up to the lesser of thirty percent (30%) stated fire occupancy or ten (10) people (e.g. weddings and receptions, graduations, birthday parties, funeral receptions, etc.) and private indoor gatherings or events of up to ten (10) persons (e.g. dinner parties, house parties, birthday parties) are permitted in Phase 2 under the following conditions:
- Hosts of gatherings or events must take steps to protect vulnerable populations, including by providing materials and equipment necessary for proper hand hygiene, enforcing social distancing, and requiring the use of face coverings. All individuals aged Kindergarten and up must wear a face covering while in attendance at any private indoor gathering or event.
- Any business or indoor space open to the public interested in holding a gathering or event of up to fifty (50) people must have a mechanism for limiting attendance, enforcing social distancing between attendees and complying with this Modification’s declarations relating to providing face coverings for employees and signage about the use of face coverings for guests.
- Any food service, including by catering services and their staff, must operate within the parameters prescribed for Food and Drink Establishments in this Twenty-Seventh Modification to the State of Emergency and the Phase 2 Reopen Plan. Buffet-style, family-style, and any other self-service food may reopen if the facility assigns dedicated staff to distribute food, and any customers at the buffet are socially distanced from others who are not of the same household. Self-serve beverage service may also resume in Phase 2.
- Concessions selling only pre-packaged food must deliver food directly to seated customers or ensure social distancing in lines. They should facilitate contactless transactions as often as possible.
- Individuals must wear face coverings in accordance with the requirements of this Twenty-Seventh Modification.
- Individuals who are not part of the same household are expected to remain at least six (6) feet apart to the greatest extent possible and are encouraged to maintain greater physical distance whenever possible.
- Individuals must stay home when sick.
- Individuals should wash their hands or use hand sanitizer regularly during the gathering or event.
- Hand sanitizing stations should be supplied at any entrance or exit and at various locations within the event. Hand sanitizer must be composed of at least sixty percent (60%) ethanol or seventy percent (70%) isopropanol.
- Bathrooms and high contact surfaces must be disinfected every fifteen (15) minutes to two (2) hours.
- Sharing microphones is prohibited. All microphones, whether they be self-standing in holders, handheld or lapel style must be sanitized after each use.
- The gathering or event must comply with all other applicable state, county and local laws for gatherings and events.
- Outdoor Gatherings/Events over 50 people: Outdoor social, community, recreational, and leisure events of more than fifty (50) people (“large outdoor gatherings and events”), including but not limited to weddings, funerals, concerts, parades, festivals, conventions, fundraisers, sporting events and fairs, are hereby prohibited at all locations and venues. Hosts of large outdoor gatherings and events who wish to host a gathering or event of over fifty (50) people may apply to host a large outdoor gathering or event of up to two hundred and fifty (250) people by submitting a plan to HSPContact@delaware.gov at least seven (7) days prior to the anticipated event. Outdoor gatherings and events pose a lower risk of infection and are strongly encouraged as alternatives to indoor events. Plan approval is at the discretion of the Division of Public Health, which will consider how to prevent, reduce the spread of, and suppress COVID-19 at any gathering or event permitted under this Modification. At a minimum, the plan must meet the following requirements:
- The plan must show a strict adherence to guidelines in Paragraph 2 of this section: “Indoor Gatherings/Events.”
- The plan must consider information regarding the number of people attending who are at greater risk of more serious illness after contracting COVID-19. Older adults and persons with pre-existing health conditions are thought to be at increased risk.
- The plan must consider information regarding the density of attendees within a confined area. Based on what is currently known about the virus, spread from person-to-person happens most frequently among close contacts, meaning individuals who are within six (6) feet of each other for ten (10) minutes or more.
- The plan must contain information regarding enforcement of social distancing.
- The plan must consider information regarding the level of transmission in the local community and the level of transmission in the areas from which attendees will travel. That information can be obtained from the two sites listed here:
- View Delaware data from DPH available at https://myhealthycommunity.dhss.delaware.gov.
- View national data from CDC available at https://www.cdc.gov/covid-data-tracker/index.html.
- The plan must consider local traffic patterns and parking capacity needs.
- The plan must follow all requirements for Food and Drink Establishments outlined in the Phase 2 Reopen Plan, including but not limited to maintaining social distancing between individuals from different households if food or drink is served.
- The gathering or event must comply with all other applicable state, county and local laws for gatherings and events.
- Notwithstanding the provisions of Paragraph 2, hosts of outdoor gatherings or events who received approval from the Division of Public Health to host a gathering or event prior to Monday, November 23, 2020 are hereby granted an exception to the additional occupancy restrictions that became effective in this Modification on Monday, November 23, 2020 for such gathering or event, unless notified by DPH that a plan modification is necessary for the public health and safety.
PHASE 2 BUSINESS REOPENING
- In addition to a delegation of authority to issue emergency regulations consistent with the COVID-19 State of Emergency declaration and Delaware law, the Division of Small Business shall have the discretion to make additions, amendments, clarifications, exceptions, and exclusions to the list of businesses that may open in the Phase 2 Reopen Plan. In making its determinations, the Division of Small Business, in consultation with DPH, will consider how to prevent, reduce the spread of, and suppress COVID-19 in relation to any activity permitted under this Modification for any business, organization, establishment, or facility that is permitted by this Modification to be open to the general public, which directives may include, without limitation, binding requirements and/or non-binding recommendations.
- Phase 2 Responsibilities of all Businesses. In addition to the industry-specific guidance issued to businesses in the Phase 2 Reopen Plan, including any subsequent amendments thereto, business operations for any business that is re-opening or continuing operations shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH, including:
- All employees, patrons, and visitors must wear face coverings in accordance with this Twenty-Seventh Modification at all times.
- Businesses must monitor patrons and visitors entering a business, in lines, and ensure social distancing throughout a business’ location.
- Businesses must ensure social distancing of at least six (6) feet between waiting patrons and visitors in line, both inside and outside. Signage and floor markings must be present to guide patrons and visitors in appropriately spacing while in line.
- Businesses must post signs on how to stop the spread of COVID-19, hand hygiene, and how to properly wear a face covering, including:
- Do not enter if you have symptoms of COVID-19 or if you have been exposed to anyone who has tested positive with COVID-19 in the past fourteen (14) days;
- Individuals aged Kindergarten and up are required to wear a face covering;
- At all times, individuals who are not part of the same household are expected to remain at least six (6) feet apart to the greatest extent possible and are encouraged to maintain greater physical distance whenever possible; and
- Proper hand washing and frequent use of hand sanitizer is encouraged.
- Printable signs that will help you comply with the general and industry-specific signage requirements in the Phase 2 guidance are available at https://business.delaware.gov/wp-content/uploads/sites/118/2020/05/DSB-COVID-19-Posters-For-Review.pdf.
- Businesses should use doors, windows and other ventilation mechanisms to increase introduction of fresh air and turnover of air within the business’ location.
- All surfaces touched by patrons or visitors, including doors, seating, restrooms, elevators, and point of sale infrastructure must be disinfected using an EPA-approved disinfectant every fifteen (15) minutes to two (2) hours. Businesses should limit cash transactions, and encourage patrons to use credit, debit, or other contactless forms of payment. Cash registers and pin pads must be sanitized after each use.
- Businesses should discourage the use of shared phones, desks, workstations, radios, and wearable technology. If these are unavoidable, a business must ensure that such space or technology is sanitized after each use.
- Businesses must make hand sanitizer or handwashing stations readily available for all employees, patrons, and visitors throughout the business’ location, including at each entry and exit at a minimum. Hand sanitizer must be composed of at least sixty percent (60%) ethanol or seventy percent (70%) isopropanol.
- Hand sanitizer must be used by employees at frequent intervals during any service, appointment, or other scheduled gathering or event, including at a minimum after contact with surfaces touched by others, when incidental contact has been made with a patron or visitor, and prior to preparing or distributing food or drink.
- Businesses must stagger services, appointments, or other scheduled gatherings and events to allow for a thorough cleaning and disinfecting according to CDC guidelines of any public spaces before the next service, appointment, or other scheduled gathering or event begins.
- Follow all State and CDC guidelines and recommendations for social distancing, including that employees maintain six (6) feet of space between themselves and other employees, patrons, and visitors to the greatest extent possible.
- For fixed seating venues, only sixty percent (60%) of patron or visitor seating may be occupied and there must be a six (6) foot radius around individual household units. Patrons and visitors must exit their seats in an orderly, row by row fashion, as directed by venue staff.
- Businesses are strongly encouraged to modify any practices that cause close contact (meaning being within six (6) feet for ten (10) minutes or more) or sharing items among patrons or visitors.
- Sharing microphones is prohibited. All microphones, whether they be self-standing in holders, handheld or lapel style must be sanitized after each use.
- Implement flexible and non-punitive sick-leave policies to facilitate compliance with this Modification. Such policies should follow any guidance from the CDC and DPH regarding COVID-19.
- Employers are encouraged to continue teleworking. Employees who have been working from home throughout this crisis should continue working from home unless there is a substantive change to business operations in Phase 2 (e.g., a business was closed, but now it’s open).
- Exclude employees who (a) have been diagnosed with COVID-19, (b) are reasonably suspected to have COVID-19, or (c) have symptoms of COVID-19, such as fever, cough, shortness of breath, new loss of taste or smell, sore throat, aches or muscle pain, chills or repeated shaking with chills. Such employees shall stay home and not come to work until they are until they are free of fever (100.4 °F or greater using an oral thermometer), signs of a fever, and any other symptoms of COVID-19 for at least 24 hours, without the use of fever-reducing or other symptom-altering medicines (e.g., cough suppressants). These employees should notify their supervisor and stay home if they are sick. Symptomatic employees must not physically return to work until cleared by a medical professional.
- Prohibit employees who have been told they must be isolated or quarantined from on-premises work until isolation or quarantine status is discontinued by DPH.
- Separate sick employees from other individuals immediately.
- Enforce cough and sneeze hygiene.
- Determination of Maximum Occupancy. With respect to the Phase 2 Reopen Plan, maximum occupancy for a business means thirty percent (30%) of stated fire occupancy requirements, excluding employees, unless expressly stated otherwise by the Phase 2 Additional Business Restrictions, effective December 14, 2020, as set forth below.
- The following business categories may continue operations or reopen subject to the responsibilities listed in the Phase 2 Reopen Plan, and as amended, available at https://governor.delaware.gov/wp-content/uploads/sites/24/2020/06/Delaware-Economic-Reopening-PHASE-2.pdf, as follows:
- Arts and Culture, Museums, Galleries, and Historical Attractions. The Arts and Culture industry which is comprised of several different types of businesses: Performing Arts; Museums, Galleries, Libraries, Historical Attractions and Arts Education Institutions, may continue operations or reopen provided, however, that the total number of guests permitted entry into an establishment at any one time shall not exceed sixty percent (60%) of stated fire occupancy requirements. Additional requirements for Arts and Culture, Museums, Galleries, and Historical Attractions are listed in the Phase 2 Reopen Plan.
- Food and Drink Establishments.
- Providers of food or drink, such as restaurants, breweries, taverns, and taprooms that provide table service may continue operations or reopen provided, however, that the total number of guests within an establishment shall not exceed thirty percent (30%) of that establishment’s stated fire occupancy requirements. Food and Drink Establishments are required to notify patrons that they may provide their name and phone number or email address to the establishment, and that the establishment will keep the information on file for the sole purpose of allowing DPH to contact the patron if another patron or an employee is later found to have tested positive for COVID-19. If a patron leaves such contact information, the establishment must retain the information for twenty-eight (28) days. The establishment need not deny service to patrons who do not provide contact information for this purpose. Additional requirements for Food and Drink Establishments are listed below and in the Phase 2 Reopen Plan.
- Tables and booths must be arranged in a way that ensures customers at one table are at least six (6) feet apart from customers who are adjacent to or facing them unless barriers are present. If barriers are used:
- Must be at least six (6) feet in height and start no more than two (2) feet from the floor.
- Must be wide enough to provide coverage for people seated at the table.
- Can be installed for this purpose, but walls, booths, etc., that meet the size requirements are acceptable.
- Establishments that are not able to reach at least thirty percent (30%) of fire code occupancy (excluding staff) while complying with safety requirements may submit an alternative plan for COVID-safe dining to DPH at HSPcontact@delaware.gov. Plans may not be implemented until approved by DPH. Other than when eating or drinking, staff and customers must wear a face covering in accordance with the State of Emergency Order at all times.
- Whether indoors or outdoors, tables and booths must be arranged in a way that ensures seated customers at one table are at least six (6) feet apart from seated customers at another table.
- A table must be disinfected before each new party is seated.
- All patrons must have a seat, be seated, and remain seated unless going to the restroom.
- Any common areas where people would typically stand or engage in other activities must be off limits if not otherwise occupied by tables with seated patrons. This includes dance floors, arcade/bar game areas, pool tables, and similar spaces. Food and Drink Establishments may not exceed thirty percent (30%) of stated fire occupancy requirements for the indoor area under any circumstances.
- For food and drink establishments that provide table service:
- Customers must have a reservation unless the establishment has a system for ensuring that customers without a reservation do not gather while waiting to be seated.
- Takeout may continue but food and drink establishments are encouraged not to allow patrons to enter the dining facility when picking up an order.
- Tables within food and drink establishments are limited to parties of six (6) persons, consisting of no more than four (4) adults, and seats must be spaced at least six (6) feet apart unless barriers are present between members of different households consistent with subparagraph 1. above.
- For food and drink establishment that do not provide table service:
- Counter service locations must be spaced six (6) feet apart.
- Signage and floor markings must be used to designate appropriate spacing for patrons waiting in line.
- Staff must be designated to monitor patrons entering the facility, to monitor lines and to ensure social distancing throughout the facility, and to ensure the use of face coverings in compliance with this order.
- The total number of guests within a facility shall at no time exceed thirty percent (30%) of fire occupancy requirements.
- All condiments (salt, pepper, ketchup, mustard, mayo, sugar, etc.) must be provided directly to diners in single-use, disposable containers or re-usable containers that are cleaned between uses by new parties.
- Cups, lids, napkins, and straws must be delivered to the table after the party has been seated.
- Proper precautions must be taken when handling ready-to-eat foods. Variances or other allowances for bare hand contact are void until these restrictions are lifted.
- Self-service food and buffet options may only reopen if the facility assigns dedicated staff to distribute food, and any customers at the buffet are socially distanced from others who are not from the same household.
- Any to-go containers for food guests bring home after dining must be protected from possible contamination.
- Every restaurant must have its own reopening plan and must follow DPH guidance.
- For purposes of this Modification, an area with less than two contiguous walls is not part of the interior space of the Food and Drink Establishment and is considered an outdoor space.
- Notwithstanding the provisions of this Modification and the Phase 2 Reopen Plan, effective Monday, November 23, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply to taprooms and bar service in all food and drink establishments, including to any service that is provided indoors or outdoors:
- Premises licensed to sell alcohol for consumption on the premise may not permit patrons to stand at a bar, but may open the bar to prepare drinks to be brought to patrons seated at tables and to serve alcohol to patrons seated at the bar. Tables and seats within the bar area and at the bar must be arranged for parties of two (2) persons at least six (6) feet apart between parties and members of different households. Premises licensed to sell alcohol for consumption on the premise that choose to use designated bar space for seating patrons must arrange tables consistent with the Phase 2 Reopen Plan to allow for minimum social distancing.
- Any common areas where people would typically stand or engage in other activities must be off limits if not otherwise occupied by tables with seated patrons. This includes dance floors, arcade/bar game areas, pool tables, and similar spaces. Food and Drink Establishments may not exceed thirty percent (30%) of stated fire occupancy requirements for the indoor area under any circumstances.
- Retail Establishments. Retail businesses, organizations, establishments, and facilities in the State of Delaware that principally sell goods (“Retail Establishments”) may continue operations or reopen to the general public, provided, however, that the total number of guests permitted in a Retail Establishment at any one time shall not exceed sixty percent (60%) of that Retail Establishment’s stated fire occupancy requirements. Additional requirements for Retail Establishments are listed in the Phase 2 Reopen Plan.
- Malls. A mall means a collection of stores that are all contained within a building that contains interior walkways and common spaces between stores that consumers pass through as they move from store to store. This does not include facilities that have a collection of stores but have no interior common area, otherwise known as strip malls. Those strip malls should advise stores to follow individual guidance that may apply to their individual store. Malls may continue operations or reopen to the general public, provided, however, that the total number of guests permitted in a mall at any one time shall not exceed sixty percent (60%) of that mall’s stated fire occupancy requirements. Additional requirements for malls are listed in the Phase 2 Reopen Plan. All restaurants, bars, or other food and beverage service, including the food court, in a mall shall operate within the same parameters for Food and Drink Establishments as set by this Twenty-Seventh Modification. Additional requirements for malls are listed in the Phase 2 Reopen Plan.
- Personal Care Services. This section shall apply to barber shops, hair salons, tanning salons, tattoo services, massage therapy services, nail care, brow care, spas, waxing services, and similar services. These consumer services may continue operations or reopen to the general public, provided, however, that the total number of guests permitted in an establishment at any one time shall not exceed sixty percent (60%) of that facility’s stated fire occupancy requirements. If a customer must remove a face covering for a service to be performed (e.g. make-up application, facial, etc.) the professional providing services shall wear a face covering AND face shield during the procedure until the client is able to wear their face covering or the procedure is complete, and six (6) feet of social distance can be maintained. Additional requirements for consumer services are listed in the Phase 2 Reopen Plan.
- Exercise Facilities. Exercise facilities may continue operations or reopen to the general public, provided, however, that the total number of guests permitted in an establishment at any one time shall not exceed thirty percent (30%) of that facility’s stated fire occupancy requirements. Additional requirements for exercise facilities are listed in the Phase 2 Reopen Plan.
- Realty. Realty includes the sale and long-term rental of houses, apartments, condominiums, store fronts, office spaces, and similar residential and commercial properties. Realty can resume open houses, provided, however, that when determining the number of persons who may attend an open house at any one time, hosts should calculate usable capacity at thirty (30) square feet per person up to a maximum of ten (10) individuals (including realtors and staff), all individuals must wear face coverings and individuals who are not part of the same household remain at least six (6) feet apart to the greatest extent possible and are encouraged to maintain greater physical distance whenever possible. The selling party must ensure the interior of the property is properly disinfected after each open house. Additional requirements for realty are listed in the Phase 2 Reopen Plan.
- Casinos. Any establishment holding a gaming and table gaming license may continue operations or reopen to the general public, provided, however, that the total number of guests permitted in a casino at any one time shall not exceed sixty percent (60%) of that casino’s stated fire occupancy requirements. Additional requirements for casinos are listed in the Phase 2 Reopen Plan.
- Racetracks. Racetracks are any facilities in the state licensed for the racing of horses, other animals or automobiles. Racetracks may continue operations or reopen to the general public, provided, however, that the total number of guests permitted at a racetrack at any one time shall not exceed sixty percent (60%) of that racetrack’s stated fire occupancy requirements. Additional requirements for racetracks are listed in the Phase 2 Reopen Plan.
- Parks and Recreation Facilities. Parks and recreation facilities include any public or private park and any outdoor recreational facility such as a zoo, miniature golf course, outdoor tennis facility or batting cage and other similar activities not explicitly listed under Phase 2 Limited Businesses, below. Parks and recreation facilities may remain open, or may re-open if closed, with modifications to ensure visitors can maintain social distancing at all times. All gatherings or events held in parks and recreation facilities shall comply with the gathering requirements set forth by this Twenty-First Modification. Additional requirements for parks and recreation facilities are listed in the Phase 2 Reopen Plan.
- Personal Driving Schools. Personal driving schools and instruction may reopen, provided that at a maximum the vehicle may contain one adult and one student in front driver and passenger seats, and one additional person in the back seat. All occupants must wear face coverings at all times. Windows should be open as much as possible to help air exchange within the vehicle to reduce viral load.
- Senior centers, adult day centers and senior congregate nutrition programs. Senior centers, adult day centers and senior congregate nutrition programs may reopen, provided, however, that the total number of guests (excluding staff) permitted in a facility at any one time shall not exceed thirty percent (30%) of that facility’s stated fire occupancy requirements. Senior centers, adult day centers and senior congregate nutrition programs are strongly encouraged to develop a plan to support contact tracing if a positive case is associated with the business location, including to request that customers provide contact information (name, email address, and telephone numbers) and to record the date of service. In addition to the responsibilities for all businesses, senior centers, adult day centers and senior congregate nutrition programs must also:
- Identify a staff member who will serve as the Pandemic Response Person for the program, responsible for communicating and implementing COVID-19 mitigation efforts.
- Prior to beginning operations, senior centers must develop a written plan to address all applicable guidance and restrictions for operation. The plan must be available upon request for review by DPH. The plan should include new policies on senior center operations due to COVID-19 and senior centers should communicate those policies to participants prior to reopening. These policies include, but are not limited to:
- Operational policies to address social distancing, the number of participants attending at any one time, changes in programming, and communicating with participants.
- Meal service policies that allow for social distancing, any changes in meal service such as how meals will be served, use of a reservation system, and how the senior center will manage meal service if it must serve fewer participants due to social distancing. Refer to FDA Best Practices guidance for reopening food establishments.
- Sanitation and cleaning policies.
- Staff and participant testing policies.
- Staff and participant screening policy – Routinely use the State of Delaware’s standardized health screening tool.
- Face coverings and Personal Protective Equipment (PPE) requirement policies.
- Additional best practices can be found in the Department of Health and Social Services Guidance.
- Commercial Lodging. As used herein, Commercial Lodging includes hotels, motels, inns, short-term accommodations, vacation homes, or condo rentals (such as Airbnb, VRBO, HomeAway or any other vacation or overnight accommodation rental), and other lodgings providing overnight accommodation. Commercial Lodging may continue operations or reopen, provided that the total number of guests within common areas (lobby) of any hotel, motel, or inn shall not exceed sixty percent (60%) of that establishment’s stated fire occupancy requirements, and the total number of guests within any gym or exercise facility not exceed thirty percent (30%) of that establishment’s stated fire occupancy requirements. The sixty percent (60%) limit does not apply to the number of hotel rooms that may be booked or occupied at one time or to short term rental accommodations, such as vacation homes or condo rentals. All restaurants, bars, or other food and beverage service in Commercial Lodging shall operate within the same parameters for Food and Drink Establishments as set by this Twenty-Seventh Modification. All fitness centers, pools, spas, and all indoor places of congregation, including conference rooms and meeting rooms, shall operate within the same parameters as set by this Twenty-Seventh Modification. Additional requirements for Commercial Lodging are listed in the Phase 2 Reopen Plan.
- Campgrounds. Campgrounds may continue operations or reopen but must ensure that the spacing of individual campsites (tent or RV) are at least six (6) feet from any other campsite. Additional requirements for campgrounds are listed in the Phase 2 Reopen Plan.
- Private Instruction. Private instruction covers a wide variety of classroom-based or similar instruction that is not in a traditional K-12 or post-secondary environment, including tutoring services, testing centers, adult education, or specific vocational training facilities (outside of traditional K-12 structures). Private instruction may reopen, provided, however, that the total number of learners permitted in private instruction at any one time shall not exceed sixty percent (60%) of that facility’s stated fire occupancy requirements. Additional requirements for private instruction are listed in the Phase 2 Reopen Plan.
- Auction Houses. Auction Houses may continue operations or reopen to the general public, provided, however, that the total number of guests permitted in an Auction House at any one time shall not exceed thirty percent (30%) of that Auction House’s stated fire occupancy requirements. Additional requirements for Auction Houses are listed in the Delaware Auctioneer’s Association Guidelines issued by the Delaware Department of Agriculture, incorporated by reference herein.
- Houses of Worship and Political Gatherings. Notwithstanding the indoor gathering occupancy limits set forth in Paragraph N.2, Houses of Worship may continue to offer in-person worship services, provided, however, that the total number of guests permitted in a House of Worship at any one time shall not exceed the lesser of thirty percent (30%) of that House of Worship’s stated fire occupancy or one hundred (100) guests. In addition, and consistent with the authority offered to certain other businesses or indoor spaces open to the public to modify capacity, a House of Worship may apply to host worship services of more than one hundred (100) guests, but not to exceed thirty percent (30%) of that House of Worship’s stated fire occupancy, by submitting a facility-specific plan to HSPcontact@delaware.gov for consideration. Facility-specific plans must outline how the applicant will prevent, reduce the spread of, and suppress the transmission of COVID-19 during worship services in light of the requested additional number of guests. Facility-specific plans may not be implemented until approved by DPH. For the purpose of clarity, nothing in this paragraph prohibits a House of Worship: (1) from offering multiple or additional daily worship services which otherwise comply with the requirements of this Order, or (2) from the concurrent use of available outdoor space to facilitate wider attendance at worship services when such use of outdoor space is otherwise compliant with the outdoor gathering requirements set forth by this Twenty-Seventh Modification. For the purposes of this paragraph, political gatherings shall be entitled to the same occupancy parameters and administrative remedies as Houses of Worship.
- Swimming facilities (public or community). Public and private swimming facilities, except pools associated with an individual, single-family home, may continue operations or reopen provided, however, that the total number of guests permitted in a swimming facility at any one time shall not exceed sixty percent (60%) of that swimming facility’s stated fire occupancy requirements. Additional requirements for swimming facilities are listed in the DPH Guidance for Public and Community Swimming Pools.
- Golf courses. Golf courses may continue operations or reopen, provided they ensure participants are socially distanced. All restaurants, bars, or other food and beverage service at golf courses shall operate within the same parameters for Food and Drink Establishments as set by this Twenty-Seventh Modification. All fitness centers, pools, spas, and all indoor places of congregation, including conference rooms and meeting rooms, shall operate within the same parameters as set by this Twenty-Seventh Modification. Any pro shops must operate within the same parameters for Retail Establishments as set by this Twenty-Seventh Modification.
- Convention Centers & Meeting Facilities. Convention centers and meeting facilities may reopen provided, however, that the total number of guests permitted in a facility at any one time shall not exceed sixty percent (60%) of that facility’s stated fire occupancy requirements. Additional requirements for convention centers and meeting facilities are listed in the Phase 2 Reopen Plan.
- Ice cream, water ice, custard, or similar shops, and ice cream trucks. Ice cream, water ice, custard, or similar shops, and ice cream shall operate within the same parameters for Food and Drink Establishments as set by this Twenty-Seventh Modification, except that children under twelve (12) years old may not order from a window or an ice cream truck unless accompanied by an adult.
- Commercial offices and residential buildings with at least 50 units. Owners of buildings used for commercial, industrial or other enterprises, including but not limited to facilities for warehousing, manufacturing, commercial offices, airports, universities, colleges, and residential buildings with at least 50 units, shall adopt policies that, at minimum, implement the following cleaning protocols:
- Clean and disinfect high-touch areas routinely in accordance with CDC guidelines, particularly in spaces that are accessible to staff, customers, tenants, or other individuals, and ensure cleaning procedures following a known or potential exposure in a facility are in compliance with CDC recommendations;
- Otherwise maintain cleaning procedures in all other areas of the facility; and
- Ensure that the facility has a sufficient number of workers to perform the above protocols effectively and in a manner that ensures the safety of occupants, visitors, and workers.
PHASE 2 LIMITED BUSINESSES: The following businesses are not permitted to open during Phase 2, except as provided:
- Sporting facilities and venues (professional and amateur), including but not limited to arcades, bowling alleys, indoor skating rinks (ice and non-ice), martial arts studios, dance studios, indoor tennis and similar indoor athletic facilities, unless they can create a facility-specific plan to observe the industry guidance provided for exercise facilities. Plans should be emailed to hspcontact@delaware.gov for consideration.
- Indoor children’s play areas, including softscape or hardscape playground facilities, trampoline parks and children’s museums, unless they can create a facility-specific plan to observe the industry guidance provided for indoor children’s play areas, including that that the total number of guests permitted in a facility at any one time shall not exceed thirty percent (30%) of that facility’s stated fire occupancy requirements. Plans should be emailed to hspcontact@delaware.gov for consideration. The responsibility for enforcing the occupancy limits lies with the facility operator.
- Water parks, unless they can create a facility-specific plan to observe the industry guidance provided for water parks, including that that the total number of guests permitted in a facility at any one time shall not exceed thirty percent (30%) of that facility’s stated fire occupancy requirements. Plans should be emailed to hspcontact@delaware.gov for consideration. The responsibility for enforcing the occupancy limits lies with the facility operator.
PHASE 2 ADDITIONAL BUSINESS RESTRICTIONS, EFFECTIVE DECEMBER 14, 2020:
Notwithstanding the provisions of this Modification and the Phase 2 Reopen Plan, effective December 14, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply:
- Determination of Maximum Occupancy. Maximum occupancy for all businesses and indoor spaces open to the public is as follows:
- Notwithstanding the indoor gathering occupancy limits set forth in Paragraph N.2, Houses of Worship may continue operations or reopen provided, however, that the total number of guests permitted in a House of Worship at any one time shall not exceed forty percent (40%) of that House of Worship’s stated fire occupancy. For the purposes of this paragraph, political gatherings shall be entitled to the same occupancy parameters as Houses of Worship. For the purposes of this paragraph, a funeral mass, memorial service, visitation, wake, or viewing within a House of Worship or funeral home shall be entitled to the same occupancy parameters as Houses of Worship.
- Retail establishments of five-thousand square feet (5,000 sq. ft.) or less may continue operations or reopen provided, however, that the total number of individuals within the retail establishment shall not exceed forty percent (40%) of that facility’s stated fire occupancy requirements.
- Businesses with less than one-hundred thousand square feet (100,000 sq. ft.) and retail establishments having five thousand and one square feet (5,001 sq. ft.) but no more than one-hundred thousand square feet (100,000 sq. ft.) may continue operations or reopen provided, however, that the total number of individuals within them shall not exceed thirty percent (30%) of that facility’s stated fire occupancy requirements.
- 100,001+ SQ FT: All businesses, including retail establishments, having one-hundred thousand and one or more square feet (100,001+ sq. ft.) may continue operations or reopen provided, however, that the total number of individuals within the business shall not exceed twenty percent (20%) of that facility’s stated fire occupancy requirements.
- Food and Drink Establishments. In addition to the maximum occupancy requirements set forth above, the following additional restrictions shall apply to Food and Drink Establishments:
- The total number of guests permitted in a food court at any one time shall not exceed twenty percent (20%) of that facility’s stated fire occupancy requirements or one hundred (100) individuals, whichever is less.
- Food and Drink Establishments must place a sign on each table stating that only customers from the same household may share a table. Tables within food and drink establishments are limited to parties of six (6) persons, consisting of no more than four (4) adults.
- Exercise Facilities. In addition to the maximum occupancy requirements set forth above, the following additional restrictions shall apply to Exercise Facilities:
- Group exercise classes are limited to a maximum of ten (10) individuals (excluding staff). Facilities hosting multiple group exercise classes at the same time must allow for a minimum of twenty (20) feet between classes. All individuals must wear face coverings and individuals who are not part of the same household must remain at least thirteen (13) feet apart during classes and are encouraged to maintain greater physical distance whenever possible.
- Staff must be on-site to monitor patrons entering the facility, to ensure social distancing throughout the facility, and to ensure the use of face coverings in compliance with this order.