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Ex. DE-025 Order Primary source read

Twenty-First Modification of the Declaration of a State of Emergency

Twenty-First Modification of the Declaration of a State of Emergency (Phase 2 Reopen Plan: 60 percent of fire occupancy; gatherings; child care reopened; responsibilities of all businesses; telework encouraged)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31
Issued
2020-06-14 June 14, 2020
Effective
2020-06-15 8:00 a.m. E.D.T. (approved June 14, 2020 at 5:00 p.m.) (read as 2020-06-15)
End
Amended by DE-026, DE-027, DE-028; struck and consolidated into the Omnibus effective Sept. 4, 2020 (DE-031) (read as 2020-09-04)
In force
June 15, 2020 to Sept. 4, 2020
Quarters
2020 Q22020 Q3
Limitation types
Telework mandateCapacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
Addressees
  • all businesses and activities in Phase 2 (restaurants, casinos, hotels, convention centers, houses of worship, pools, youth sports, child care, retail, personal care, exercise facilities)
  • hosts of gatherings and events
  • employers
  • school districts (graduations)
Functions reached
  • SF/DR/AM every business capped at 60 percent (exercise facilities 30 percent)
  • MC/EV conventions, weddings and events over 250 prohibited absent DPH plan
  • OF telework: 'should continue working from home'
  • EC child care reopened at group size 15
  • HR/WF exclusion of isolated and quarantined employees
Collection
Delaware DE

Operative words

§ C.1: 'Businesses and activities provided with specific industry guidance in Phase 2 (e.g. restaurants, casinos, hotels, convention centers, houses of worship, pools, youth sports, etc.) are excluded from the gathering requirements in this Section but must comply with the... fire occupancy requirements set forth herein (e.g. 30% or 60% (excluding staff)) and all... applicable Division of Public Health ("DPH") guidance.' § C.3: 'Gatherings/Events over 250 people... including but not limited to weddings, concerts, parades, [festivals, conventions, fundraisers, sporting events and fairs] are hereby prohibited at all locations and venues, except that hosts of large gatherings and events may apply to host a large gathering or event by submitting a plan to [email protected] at least seven (7) days prior.' § D.5 (Responsibilities of all Businesses): 'a. All employees, patrons, and visitors must wear cloth face coverings...; j. Businesses must stagger services, appointments, or other scheduled gatherings...; l. For fixed seating venues, only sixty percent (60%) of patron or visitor seating may be used...; p. 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).... r. 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.' § D.7.k: 'Child care. Child care may reopen to all families, with a maximum allowable group size of fifteen (15) children.'

Enforcement

20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); Phase 2 Reopen Plan incorporated by reference

Notes

The Phase 2 regime governed Delaware from June 15, 2020 to May 21, 2021 (through the Omnibus and its Revisions).

Retrieval note

Read (operative sections).