Issued: May 12, 2021
The following provisions become effective May 21, 2021 at 8:00 a.m. E.D.T.
EFFECTIVE MAY 21, 2021 AT 8:00 AM: ACTIVE RESTRICTIONS FOR DELAWAREANS AND VISITORS UNDER THE STATE OF EMERGENCY DUE TO A PUBLIC HEALTH THREAT
F. FOIA — Public Records and Public Meetings
PUBLIC RECORDS AND PUBLIC MEETINGS. All public meetings of public bodies governed by 29 Del. C. §§10001 et seq. (including boards, commissions, task forces, and any other similar public body) may be conducted in person in public buildings, provided that three (3) foot radius around individuals is maintained and attendees wear face coverings. Public bodies are encouraged to conduct meetings electronically, either by means of telephone conference call or video conference call. Any in-person meeting must also provide a telephone or video conference option for any member of the public body or the public who does not wish to attend in person.
J. REOPENING
REOPENING OBLIGATIONS OF INDIVIDUALS AND BUSINESSES:
- SOCIAL DISTANCING AND TRANSMISSION REDUCTION. While in the State of Delaware, all individuals must promote social distancing and reduce transmission of COVID-19. For purposes of this Twenty-Eighth Modification, “Minimum Social Distancing Requirements” means: 1) maintaining at least three (3) feet social distancing from any individual who is not a member of the same household or a caregiver to someone in that household; 2) 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; 3) covering coughs or sneezes with something other than one’s hands (e.g., elbow, handkerchief); and 4) not shaking hands.
- SOCIAL GATHERINGS AND EVENTS.
- Definitions. For purposes of this Twenty-Eighth 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.
- GATHERINGS AND EVENTS. All gatherings or events held within any business or space open to the public (including, but not limited to: food and drink establishments; commercial lodging; convention centers; 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-Eighth Modification. Gatherings or events at any business or space open to the public of up to two-hundred and fifty (250) people (e.g. weddings and receptions, graduations, birthday parties, funeral receptions, etc.) are permitted 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 as required by this Modification.
- Gatherings or events at private residences with less than two-hundred and fifty (250) people (e.g. dinner parties, house parties, birthday parties) people should follow CDC guidance for face coverings, unless otherwise directed by this Modification.
- Any business or space open to the public interested in holding a gathering or event 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-Eighth Modification to the State of Emergency
- Individuals who are not part of the same household are expected to remain at least three (3) feet apart to the greatest extent possible and are encouraged to maintain greater physical distance whenever possible.
- Individuals must stay home when experiencing COVID 19 symptoms, not related to another known condition (i.e. seasonal allergies).
- 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.
- Sharing microphones is discouraged. All microphones, whether they be self-standing in holders, handheld or lapel style should be sanitized after each use.
- The gathering or event must comply with all other applicable state, county and local laws for gatherings and events.
- Notwithstanding the gathering occupancy limits set forth in Paragraph J.2, facilities who wish to host indoor gatherings and events at any business or indoor space open to the public of over two-hundred and fifty (250) people may apply to host a large indoor gathering or event by submitting a plan to HSPContact@delaware.gov at least seven (7) days prior to the anticipated event. 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 section J.
- 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 fifteen (15) minutes or more, per CDC definition of close contact.
- The plan must contain information regarding enforcement of social distancing.
- The Division of Public Health will develop a rubric for determining whether the outdoor gathering over 250 individuals will require masks. The rubric will be publicly available. Plans must include all information required by the Division of Public Health to determine if masks are to be required.
- The plan must follow all requirements for Food and Drink Establishments outlined in this Modification.
- The gathering or event must comply with all other applicable state, county and local laws for gatherings and events.
- RESPONSIBILITIES OF ALL BUSINESSES. 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-Eighth Modification at all times.
- Businesses must ensure social distancing throughout a business’ location. Businesses that cannot operate at stated fire occupancy capacity while complying with social distancing requirements may submit a facility-specific plan to DPH at HSPcontact@delaware.gov that includes the use of barriers appropriate for business operations. Plans may not be implemented until approved by DPH.
- Businesses must ensure social distancing of at least three (3) feet between waiting patrons and visitors in line inside. 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 indoors or outdoors as required by this Modification;
- At all times, individuals who are not part of the same household are expected to remain at least three (3) 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 are available at https://business.delaware.gov/wp-content/uploads/sites/118/2020/05/DSB-COVID-19-Posters-For-Review.pdf.
- 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.
- Follow all State and CDC guidelines and recommendations for social distancing, including that employees maintain three (3) feet of space between themselves and other employees, patrons, and visitors to the greatest extent possible.
- Businesses are strongly encouraged to modify any practices that cause close contact (meaning being within six (6) feet for fifteen (15) minutes or more over a 24-hour period) or sharing items among patrons or visitors, per CDC definition of close contact.
- 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.
- 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 that are not associated with other known conditions (i.e. seasonal allergies), 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.
- Vaccinated employees should follow CDC guidance for quarantine and isolation requirements.
- 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.
- ADDITIONAL BUSINESS REQUIREMENTS. The following business categories may continue operations or reopen subject to the following additional requirements:
- Food and Drink Establishments.
- Tables and booths must be arranged in a way that ensures customers at one table are at least three (3) 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.
- Other than when eating or drinking, staff must wear a face covering at all times. Face coverings are not required for patrons when seated at a table to eat or drink. Face coverings are required to be worn at all other times at food and drink establishments, such as when walking to and from tables. Face coverings are recommended when not seated at outdoor establishments, but are required when in non-dining areas where people congregate (which includes dance floors and bar game areas).
- 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, unless the Food and Drink Establishment can create a facility-specific plan for such activities. Plans should be emailed to hspcontact@delaware.gov for consideration. The use of dance floors, arcade/bar game areas, pool tables, and similar spaces is not permitted until plans are approved by DPH.
- Personal Care Services. 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 during the procedure until the client is able to wear their face covering or the procedure is complete, and three (3) feet of social distance can be maintained.
- Transportation. Businesses that provide bus transportation (excluding school transportation) must submit requests to hspcontact@delaware.gov for a variance of social distancing requirements otherwise contained in this Twenty-Eighth Modification if three (3) feet social distancing between non-household members cannot be maintained. Variances may not be implemented until approved by the Division of Public Health.