New Bay Area Shelter-in-Place Orders Ease Rules, Allow All Construction to Resume Operations

Miller Starr Regalia
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Miller Starr Regalia

Construction projects of every type in six Bay area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara—may resume operations on Monday, May 4, after health officers in six counties issued new shelter-in-place orders on April 29.  While the new orders ease the rules in numerous ways, including certain outdoor businesses and recreation such as golf and tennis, Governor Newsom is poised to shut down California’s beaches effective Friday, May 1 after crowds defied orders in the face of a brief heat wave last weekend.

Section 16.f.v of the new orders classify construction within the category of “Essential Businesses,” so long as health and safety guidelines are maintained:

“Construction, but only as permitted under the State Shelter Order and only pursuant to the Construction Safety Protocols listed in Appendix B and incorporated into this Order by this reference. Public works projects shall also be subject to Appendix B, except if other protocols are specified by the Health Officer.”

Slightly different construction safety rules apply, depending on the size of the project.  The orders also allow all real estate transactions to proceed, with continued restrictions on open houses and in-person viewings.  The orders will remain in effect through the month of May.

The revised shelter-in-place rules are a welcome change from the restrictive initial rules, which established arbitrary distinctions that shut down most construction projects and exacerbated the housing crisis.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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