City of Pasadena Health Officer Revised Order For Control of COVID-19 Related to Essential Businesses and Members of the Public Entering Such Businesses

Pasadena Health Officer Order Social Distancing Protocol 4.11.20 (3)

Social Distancing protocol for essential businesses in Pasadena (1)

Date Order Issued: April 11, 2020

[Supplements March 22, 2020 Revised - Safer at Home Order]

Please read this Order carefully. Violations of or failure to comply with this Order is a crime punishable by fine, imprisonment, or both. (California Health and Safety Code 120295.]

SUMMARY OF THE REVISED ORDER: On March 4, 2020, Governor Gavin Newsom declared a state of emergency to respond to conditions caused by a novel coronavirus, COVID-19, and on March 189, 2020 and March 22, 2020, the City of Pasadena issued Health Officer Orders in relation to COVID-19 in the community. This Revised Order supplements, and does not supersede, the March 22, 2020 Revised Health Officer Order. The March 22, 2020 Safer at Home Order continues to remain in effect until further notice. This Revised Order is effective immediately and shall remain in effect until further notice. This Revised Order sets forth certain requirements regarding Essential Businesses as defined herein. These Orders are based upon scientific evidence and best practices, as currently known and available, to protect members of the public from avoidable risk of serious illness and death resulting from the spread of COVID-19.

The Health Officer now requires Essential Businesses to implement no later than 11:59 PM on April 15, 2020, a Social Distancing Protocol, which includes a requirement for employers to provide all of their employees whose duties require contact with other employees and/or the public with a cloth face covering to wear while performing duties that involve contact with others. Face coverings should not be used as a substitute for other evidence-based measures to prevent the spread of COVID-19. Face coverings may be used in addition to, but not in place of other evidence-based measures (e.g., social distancing, frequent handwashing, avoiding touching of eyes, nose and mouth).

This Order does not prohibit any individual or family from engaging in outdoor activities, as an individual or household, such as jogging, walking, or biking. This Order continues to allow individuals to leave their homes to shop at Essential Businesses, including grocery stores and restaurants offering delivery, drive thru or carry out service, so long as all persons practice social distancing and wear a cloth face covering while visiting Essential Businesses.

The Health Officer will continue to monitor the rate of COVID-19 disease spread, State and CDC recommendations, and the impact of the required measures, and as needed, may revisit, extend, expand, or otherwise modify this Revised Order to the protect the public's health.

ACCORDINGLY, UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE, SECTIONS 120175 et seq., AND THE PASADENA MUNICIPAL CODE, SECTION 8.04.010, THE CITY OF PASADENA HEALTH OFFICER ORDERS:

  1. For Essential Businesses open to any member of the public, excluding clinical settings within Healthcare Operations, the owner, manager, or operator of the Essential Business shall prepare and post by no later than 11:59 p.m. PDT on April 15, 2020, a Social Distancing Protocol, substantially in the form attached to this Order as Appendix A. Said completed Social Distancing Protocol form must be posted at or near all entrances to the relevant facility and shall be easily viewable by the public and employees. A copy of the Social Distancing Protocol must also be provided to each employee performing work at the facility. All Essential Businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to an authority enforcing this Order upon demand. The Social Distancing Protocol must explain how the Essential Business facility is achieving the following, as applicable:

a. Limiting the number of people who may enter into the facility at any one time to ensure that people in the facility can easily maintain, at all times, a minimum six (6) foot distance from others, except as required to complete an Essential Business activity. Persons who are family members or household contacts, may stand or move together, but must be separated from others by a physical distance of at least six (6) feet.

b. Where lines may form at a facility, marking six (6) foot increments at a minimum, establishing where individuals should stand to maintain adequate Social Distancing.

c. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility and in other appropriate areas for use by the public and employees, and in locations where there is a high frequency employee interaction with members of the public. Restrooms normally open to the public shall remain open to the public and shall contain one of the above-mentioned disinfectant items.

d. Allowing adequate time for employees to conduct frequent handwashing or sanitize hands with hand sanitizer that contains at least 60% alcohol.

e. Posting a sign in a conspicuous place at all public entries that instructs members of the public not to enter if they are experiencing symptoms of respiratory illness, including fever or cough, and to maintain Social Distancing from one another.

f. Providing for the regular, frequent disinfection of high touch surfaces, and disinfection of all payment portals, pens and styluses after each use. Essential Businesses are encouraged to also offer touchless payment mechanisms, if feasible.

g. Providing cloth face coverings to employees and/or the public. Close contact is defined as being within 6 feet of another person for 10 minutes or more.

h. Require that employees and contracted workers whose duties require close contact with other employees and/or the public wear face coverings (unless wearing such covering poses a health risk to the wearer).

i. Requiring that members of the public who enter the facility wear a face covering during their time in the facility (except children under the age of two (2) and only with adult supervision, as can be done safely, for children age two (2) to eight (8) years).

j. Providing physical space between employees and customers (e.g., plexiglass at point of sale locations, or other partitions or spacing)

k. Adhere to communicable disease control recommendations provided by the City of Pasadena Public Health Department, including guidance for cleaning and disinfecting the site.

2. This Revised Order applies to all persons within the City of Pasadena under the Health Officer's Jurisdiction.

3. Violation of this Revised Order is a misdemeanor punishable by imprisonment, fine or both under California Health and Safety Code Section 120295. This Revised Order will be enforced by the City of Pasadena Police Department, City Attorney/City Prosecutor's Department, Pasadena Public Health Department, and/or any other agency designated by the Pasadena City Manager for enforcement.

4. If any subsection, sentence, clause, phrase, or word of this Revised Order or any application of it to any person, structure, gathering or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions of this Revised Order,

DEFINITIONS:

  1. For the purposes of this Order, Essential Businesses are defined as follows:

a) Grocery stores, certified farmers' markets, farm and produce stands, supermarkets, food banks, convenience stores, warehouse stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruit and vegetables, pet supply, water, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning or personal care products). This includes stores that sell groceries and other non-grocery products, such as products necessary to maintaining the safety, sanitation, and essential operation of residences. This does not include businesses that sell non-potentially hazardous food which is incidental to the primary retail business;

b) Food processors, confectioners, food packagers, food testing labs that are not open to the public, and food cultivation, including farming, livestock, and fishing;

c) Organizations and Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals (including gang prevention and intervention, domestic violence, and homeless service agencies);

d) Newspapers, television, radio, magazine, podcast and journalism and activities;

e) Gas stations, auto-supply, mobile auto repair operations, auto repair shops (including, without limitation, auto repair shops adjacent to or otherwise in connection with a retail or used auto dealership), and bicycle repair shops and related facilities. This subparagraph (e) does not restrict the on-line purchase of automobiles if they are delivered to a residence or Essential Business;

f) Banks, credit unions, financial institutions and insurance companies;

g) Hardware stores, nurseries; building supply stores;

h) Plumbers, electricians, exterminators, custodial/janitorial workers, handyman services, funeral home workers and morticians, moving services, HVAC installers, carpenters, vegetation services, tree maintenance, landscapers, gardeners, property managers, private security personnel and other service providers who provide services to maintain the safety, sanitation, and essential operation to properties and other Essential Businesses;

i) Businesses providing mailing and shipping services, including post office boxes;

j) Educational institutions (including public and private K-12 schools, colleges, and universities) for purposes of facilitating distance learning, providing meals for pick-up, or performing Minimum Basic Operations, provided that social distancing is practiced;

k) Laundromats, dry cleaners, laundry service providers;

l) Restaurants and other food facilities that prepare and serve food, but only for delivery, drive thru or carry out. Indoor and outdoor table dining is not permitted. Cafeterias, commissaries, and restaurants located within hospitals, nursing homes, or other licensed health care facilities may provide dine-in service, as long as social distancing is practiced.

m) Businesses that supply office or computer products needed by people who work from home;

n) Businesses that supply other Essential Businesses with the support or supplies necessary to operate. This exemption shall not be used as a basis for engaging in sales to the general public from retail storefronts;

o) Non-manufacturing, transportation or distribution businesses that ship, truck, transport, or provide logistical support to deliver groceries, food, goods or services directly to residences, Essential Businesses, Healthcare Operations, and Essential Infrastructure. This exemption shall not be used as a basis for engaging in sales to the general public from retail storefronts;

p) Airlines, taxis, ride sharing services and other private transportation providers providing transportation services necessary for activities of daily living and other purposes expressly authorized in this Order;

q) Businesses that manufacture parts and provide necessary service for Essential Infrastructure;

r) Home-based care for seniors, adults, disabled persons, or children;

s) Residential facilities and shelters for homeless residents, disabled persons, seniors, adults, children and animals;

t) Professional services, such as legal, payroll or accounting services , when necessary to assist in compliance with legally mandated activities, and the permitting, inspection, construction, transfer and recording of ownership of housing, including residential and commercial real estate and anything incidental thereto, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in-person visits are not allowed when the occupant is still residing in the residence);

u) Military/Defense Contractors/FFRDC (Federally Funded Research and Development Centers). For purposes of this Order, essential personnel may leave their residence to provide any service or perform any work deemed essential for national security including, but not limited to defense, intelligence and aerospace development and manufacturing for the Department of Defense, the Intelligence Community, and NASA and other federal government, and or United States Government departments and agencies. Essential personnel include prime, sub-primes, and supplier contractor employees, at both the prime contract level and any supplier levels at any tier, working on federal United States Government contracts such as contracts rated under the Defense Priorities and Allocations System (DPAS) and contracts for national intelligence and national security requirements;

v) Childcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities must operate under the following mandatory conditions: (1) Childcare must be carried out in stable groups of 12 or fewer ("stable" means the same twelve (12) or fewer children are in the same group each day); (2) Children shall not change from one group to another; (3) If more than one (1) group of children is cared for at once facility, each group shall be in a separate room. Groups shall not mix with each other; (4) Childcare providers shall remain solely with one group of children.

w) Hotels, motels, shared rental units and similar facilities.

x) Construction, which includes the operation, inspection, and maintenance of construction sites and construction projects for construction of commercial, office and institutional buildings, residential and housing construction.

y) Manufacturers and retailers of fabric or cloth that is made into personal protective equipment, such as, face coverings. These businesses may provide their products to purchasers by delivery or pick-up but may not be open to the public.

2. For purposes of this Order, "Social Distancing" means: 91) Maintaining at least six-foot distance from individuals who are not part of the same household; (2) Frequently washing hands with soap and water for at least 20 seconds, using hand sanitizer that contains at least 60% alcohol; (3) Wearing a cloth face covering while out in public when in contact with others, not including members of a single household or living unit; and (4) Avoiding all social interaction outside the household when sick with fever or cough.

3. This Order does not prohibit persons from leaving their residences to perform any work necessary or provide any services to or obtain services from the following Essential Infrastructure and Healthcare Operations:

a) Healthcare Operations are hospitals, clinics, laboratories, dentists, pharmacies, physical therapists and chiropractors, pharmaceutical and biotechnology companies, other licensed healthcare facilities, healthcare suppliers, home healthcare service providers, mental or behavioral health providers, alcohol and drug treatment providers, cannabis dispensaries with a medicinal cannabis license and all other required state and local licenses, medical or scientific research companies, or any related and/or ancillary healthcare services, manufacturers, distributors and servicers of medical devices, diagnostics, and equipment, veterinary care, and all healthcare provided to animals. This exemption shall be construed to avoid any impact to the delivery of healthcare, broadly defined. Healthcare Operations does not include fitness and exercise gyms and similar exercise or training facilities.

b) Essential Infrastructure, for purposes of this Order, is defined as public health operations, public works construction, airport operations, port operations, food supply, water, sewer, gas, electrical, oil extraction and refining, road and highways, public transportation, solid waste collection removal and processing, flood control and watershed protection, cemeteries, mortuaries, crematoriums, and internet and telecommunications systems (including the provision of essential global, national, local infrastructure for computing services, business infrastructure, communications, and web-based services), and manufacturing and distribution companies deemed essential as part of the Essential Infrastructure supply chain, provided that they carry out those services or that work in compliance with Social Distancing requirements, to the extent practicable.