March 31, 2020

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New Jersey Executive Orders 107, 108 And Administrative Order No. 2020-3

On March 21st, New Jersey’s Governor Murphy issued Executive Order 107 which you can find HERE  and Executive Order 108 which you can find HERE.  Executive Order 107 directs nearly all residents to STAY AT HOME. ALL gatherings are canceled. ALL non-essential retail businesses must indefinitely close their physical stores to the public effective 9:00 p.m. on March 21. 

Construction and those needed to be on construction sites are exempt and can travel. 

All other retail businesses must close, and all businesses must move to 100% work-from-home wherever possible.

Essential retail businesses that are exempt from the mandate to cease storefront operations include:

• Grocery stores, farmer’s markets and farms that sell directly to customers, and other food stores, including retailers that offer a varied assortment of foods comparable to what exists at a grocery store;
• Pharmacies and medical marijuana dispensaries;
• Medical supply stores;
• Gas stations;
• Convenience stores;
• Ancillary stores within healthcare facilities;
• Hardware and home improvement stores;
• Banks and other financial institutions;
• Laundromats and dry-cleaning services;
• Stores that principally sell supplies for children under five years;
• Pet stores;
• Liquor stores;
• Car dealerships, but only for auto maintenance and repair, and auto mechanics;
• Printing and office supply shops;
• Mail and delivery stores.

All businesses or non-profits must accommodate their workforce for telework or work from home arrangements wherever practicable. To the extent they have employees who need to be on site, they should operate with the minimal number of on-site employees as possible to ensure critical operations can continue.

 Manufacturing, industrial, logistics, ports, heavy construction, shipping, food production, food delivery, and other commercial operations may continue operating, but they should limit staff on site to the minimal number to ensure that essential operations can continue.

Employees reporting to work are permitted to travel to and from their place of business. Businesses are encouraged to give each employee a letter indicating that the employee works in an industry permitted to continue operations.

Since then the following changes to NJEO 107 have been issued: 

• Individual appointments to view real estate with realtors by individuals or families shall be considered essential retail business. Open houses are still considered impermissible gatherings.
• Car dealers may continue to conduct online sales or remote sales that are consistent with current law. In the event of such a sale, the car may be delivered to the purchaser or the purchaser can pick up the car curbside or in the dealership service lane.
• In accordance with the guidance released by the federal Department of Homeland Security, effective Tuesday, March 31, at 8:00 a.m., firearms retailers are permitted to operate – by appointment only and during limited hours – to conduct business which, under law, must be done in person. The NICS background check system will be up and running to process firearms purchases.

Golf courses are considered recreational and entertainment businesses that must close to the public and to members associated with private golf clubs.

 

The Associated Press Release is Here:

COVID-19 Press Information

 

FOR IMMEDIATE RELEASE 

March 21, 2020                                                                                              

 

CONTACT: Jerrel Harvey

Press Office: Governor’s Office 

Email: jerrel.harvey@nj.gov

 

Governor Murphy Announces Statewide Stay at Home Order, Closure of All Non-Essential Retail Businesses

Order Also Prohibits All Social Gatherings, Mandates Work From Home Arrangements for Employees When Possible, and Invalidates Any Conflicting Local and County Regulations

 

NEWARK – To mitigate the impact of COVID-19 and protect the capacity of New Jersey’s health care system for the state’s most vulnerable, Governor Phil Murphy today signed Executive Order No. 107, directing all residents to stay at home until further notice. The order provides for certain exceptions, such as obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities. 

“From day one, we’ve made a commitment to be guided by the facts and take any action necessary to protect the health and safety of New Jersey’s nine million residents,” said Governor Murphy. “We know the virus spreads through person-to person contact, and the best way to prevent further exposure is to limit our public interactions to only the most essential purposes. This is a time for us all to come together in one mission to ‘flatten the curve’ and slow – and eventually halt – the spread of coronavirus.”

In effort to strengthen the existing social distancing measures in place, the order also prohibits all gatherings of individuals, such as parties, celebrations, or other social events, unless otherwise authorized by the Order. When in public, individuals must practice social distancing and stay at least six feet apart whenever possible, excluding immediate family members, caretakers, household members, or romantic partners.

Governor Murphy’s Executive Order further directs the closure of all non-essential retail businesses to the public, with the exceptions of:

• Grocery stores, farmer’s markets and farms that sell directly to customers, and other food stores, including retailers that offer a varied assortment of foods comparable to what exists at a grocery store;
• Pharmacies and medical marijuana dispensaries;
• Medical supply stores;
• Gas stations;
• Convenience stores;
• Ancillary stores within healthcare facilities;
• Hardware and home improvement stores;
• Banks and other financial institutions;
• Laundromats and dry-cleaning services;
• Stores that principally sell supplies for children under five years;
• Pet stores;
• Liquor stores;
• Car dealerships, but only for auto maintenance and repair, and auto mechanics;
• Printing and office supply shops;
• Mail and delivery stores.

Nothing in the Order shall limit 1) the provision of health care or medical services; 2) access to essential services for low-income residents, such as food banks; 3) the operations of the media; 4) law enforcement agencies, or 5) the operations of the federal government.

Additionally, the order mandates that all businesses or non-profits, wherever practicable, must accommodate their workforce for telework or work-from-home arrangements. To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue. 

Examples of employees who need to be present at their work site in order to perform their job duties include, but are not limited to, law enforcement officers, fire fighters, other first responders, cashiers or store clerks, construction workers, utility workers, repair workers, warehouse workers, lab researchers, IT maintenance workers, janitorial and custodial staff, and certain administrative staff.

The Order continues existing bans on recreational and entertainment businesses, requirements that all restaurants operate by delivery and takeout only, and the directive that all pre-K, elementary, and secondary schools close and all institutions of higher education cease in-person instruction.

Governor Murphy also signed Executive Order No. 108, which invalidates any county or municipal restriction that in any way will or might conflict with any of the provisions of Executive Order No. 107.  Municipalities or counties cannot 1) make any additions to or deletions from the list of essential retail businesses; 2) impose any additional limitations on businesses beyond the Governor’s Order; 3) impose any additional density or social distancing requirements; or 4) impose any additional restrictions on freedom of movement.  The only exceptions are two categories over which municipalities or counties may impose any additional restrictions: 1) online marketplaces for arranging or offering lodging and 2) municipal or county parks.

All additional county and municipality restrictions, subject to the provisions above, are not only invalidated, but, going forward, municipalities or counties may not enact or enforce any rule or ordinance which will or might conflict with any of the provisions of Executive Order No. 107.

For a copy of Executive Order No. 107, click here.

For a copy of Executive Order No. 108, click here.

The orders shall take effect on Saturday, March 21 at 9:00 p.m.

 

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STATE OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF NEW JERSEY STATE POLICE
OFFICE OF EMERGENCY MANAGEMENT
ADMINISTRATIVE ORDER
MANDATORY FACILITY CLOSURES
No. 2020-3

WHEREAS, on March 9, 2020, through Executive Order No. 103, the facts and
circumstances of which are adopted by reference herein, the Governor declared both a
Public Health Emergency and a State of Emergency throughout the State due to the
public health hazard posed by Coronavirus disease 2019 (COVID-19); and

WHEREAS, to further protect the health, safety, and welfare of New Jersey
residents by, among other things, reducing the rate of community spread of COVID-19,
the Governor issued Executive Order No. 104 (2020) on March 16, 2020, the facts and
circumstances of which are also adopted by reference herein, which established
statewide social mitigation strategies for combatting COVID-19; and

WHEREAS, Executive Order No. 104 established that certain facilities including
casinos, racetracks, gyms, fitness centers, movie theaters, performing arts centers,
other concert venues, nightclubs, and other entertainment centers, while vital to the
economic health of the State, are also locations where large numbers of individuals
gather in close proximity; and

WHEREAS, suspending operations at these businesses is part of the State’s
mitigation strategy to combat COVID-19 and reduce the rate of community spread; and

WHEREAS, pursuant to Executive Order No. 104 (2020), the Governor ordered
closed as of 8:00 p.m. on March 16, 2020, certain facilities to members of the public
including casino gaming floors, racetracks, gyms and fitness centers, and entertainment
centers; and

WHEREAS, pursuant to paragraph 7 of Executive Order No. 104 (2020),
Governor Murphy granted the State Director of Emergency Management, who is the
Superintendent of State Police, the discretion to make additions, amendments,
clarifications, exceptions, and exclusions to the list of facilities closed to members of the
public;

NOW, THEREFORE, I, Patrick J. Callahan, State Director of Emergency
Management, hereby ORDER as follows:
1. The following facilities are added to the list of facilities closed to members of
the public in accordance with paragraph 7 of Executive Order No. 104 (2020).
a. All municipal, county and State public libraries, and all libraries and
computer labs at public and private colleges and universities.
2. This ORDER shall take effect immediately, and the facilities listed above are
ORDERED closed to members of the public effective at 8:00 p.m. on Friday, March 20,
2020. These facilities shall remain closed to the public for as long as Executive Order
No. 104 (2020) remains in effect.

March 20, 2020
_____________________________
Colonel Patrick J. Callahan
State Director of Emergency
Management

By Stacey Ruhle Kliesch, AIA, AIA NJ Advocacy Consultant | Posted in AIA-NJ News, Codes & Regulations | Tagged: #COVID19, #ExecutiveOrder, #NJ103, #NJAO20203, #NJEO107, GovernorMurphy, NJEO108 | Comments (0)