A Statewide Emergency Rule was filed and went into effect yesterday, April 16, 2020. This rule will replace the Jefferson County Board of Health Order of April 5, 2020. Because so many counties were directed to implement their own Orders and they were not consistent with other counties, the State implemented a Statewide rule to replace any conflicting County Orders. You can view the order online here: http://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=17200&KeyWord=

The changes from Jefferson County’s Order are highlighted in the document below. There are several new requirements for essential businesses that choose to remain open. Changes include implementing a written plan to limit on-site staff to only essential personnel. For staff that is exposed to the general public, you must provide a barrier between them and the public.

For the maximum people per square feet there are a few differences:

  • One difference is the square footage is based on customer floor space (the amount of floor space that is open to the public in the business).
  • Another difference is in most cases the maximum number of individuals per square foot only applies to the public and not to employees. The exception is that “businesses of less than 1,000 square feet of customer floor space shall not permit that space to be occupied by more than five persons, including employees, at any given time.”
  • For businesses whose sales are comprised of at least 80 percent grocery food products, no more than three (3) members of the public may enter a business per 1,000 square feet of customer floor space at any given time.
  • For all other essential businesses that remain open to the public, no more than two (2) members of the public may enter a business per 1,000 square feet of customer floor space at any given time.

Please read the rule completely as there are other changes not summarized here, including the requirement to prominently display the directives required in Section 3.3 of the rule at all entrances to the public.  Hotels, Motels, Bed and Breakfasts, and Air BnBs must follow the guidelines in this document and the Executive Order that is mentioned and linked to the document: https://dhhr.wv.gov/COVID-19/Documents/COVID-19-Guidance-For-Hotels-Motels-and-Other-Lodging-Facilities.pdf

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