Public Health Order # 2020 – 04 has been updated by Chaffee County Public Health to slow the spread of COVID-19.
CHAFFEE COUNTY PUBLIC HEALTH ORDER RELATED TO COVID-19
* THIS ORDER SHALL RESCIND AND REPLACE ALL PREVIOUS ORDERS *
Pursuant to Colo. Rev. Stat. § 25-1-506 and other applicable authority, this Order sets forth guidance and requirements for, as well as limitations on, group gatherings to slow the spread of the COVID-19 virus.
On January 30, 2020, the World Health Organization (“WHO”) declared the worldwide outbreak of COVID-19 a “public health emergency of international concern.” On January 31, 2020, the United States Department of Health and Human Services declared the virus a public health emergency.
On March 10, 2020, the Governor of Colorado declared a state of Emergency related to the presence of COVID-19 in the State. The Colorado Department of Public Health and Environment has confirmed that COVID-19 continues to spread throughout the State of Colorado.
On March 11, 2020, WHO declared COVID-19 a pandemic, pointing to the sustained risk of further global spread.
On March 13, 2020, Chaffee County (“County”) declared a Local Disaster Emergency related to COVID-19. Pursuant to Resolution 2020-29, the County ratified and extended this Local Disaster Emergency pursuant to a meeting of the Chaffee County Board of County Commissioners (“BoCC”) on March 17, 2020.
On March 13, 2020, the President of the United States declared a National Emergency due to COVID-19.
On March 16, 2020 the President of the United States issued new guidelines to help protect American’s during the COVID-19 pandemic, which includes: avoiding discretionary travel, gathering limited to 10 or less people, use of drive through and pick up delivery options, and telecommuting for work and school.
On March 16, 2020, Colorado Department of Public Health issued a public order starting, on March 17, that for 30 days all bars, restaurants, theaters, gyms and casinos, are closed with certain exception for take-out and delivery services for restaurants.
Chaffee County Public Health (CCPH) anticipates that, due to the contagiousness of the illness and the fact that numerous travelers from around the world visit the county, Chaffee County will see cases of the virus and its transmission within the community. Developing social distancing policies prior to an extensive outbreak has been a proven means of helping to contain COVID-19 outbreaks.
On March 17, 2020, CCPH issued its first Public Health Order to limit COVID-19’s transmission with the community by limiting the size of events, closing restaurants, bars, theaters, gyms and closing short-term rentals, hotels and other similar facilities.
On March 19, 2020, Colorado Department of Public Health (CDPHE) issued Public Order 20-23, which implemented additional social distancing measures, such as: limiting all mass gathering (including
community, civic, public, leisure, faith-based events, sporting events with spectators, concerts, conventions, fundraisers, parades, fairs, festivals, and ay similar event or activity) to no more than ten people. Public Order 20-23 made exemptions for governmental agencies, transportation stations, health care facilities, grocer/retail stores, pharmacies, government buildings and factories.
On March 19, 2020, CCPH issued its second Public Health Order to limit COVID-19’s transmission with the community by closing non-essential businesses, limiting the size of events, closing restaurants, bars, theaters, gyms and closing short-term rentals, hotels and other similar facilities.
On March 25, 2020, the Governor of Colorado issued Executive Order 2020-17, ordering Coloradans to stay at home due to the presence of COVID-19 in the State of Colorado, with certain directives and directed CDPHE to issue a public health order consistent with the directives of Executive Order 2020-17.
On March 25, 2020, CDPHE issued Public Order 20-24, which implemented stay at home requirements, including but not limited to ordering: people to Stay at Home whenever possible, limiting all public and private gatherings occurring outside regardless of the size, limiting travel, and closing all businesses except Critical Businesses.
On March 26, 2020, CCPH issued its third Public Health Order to limit COVID-19’s transmission implementing stay at home requirements, directing visitors to go home, limiting all public and private gathering occurring outside regardless of the size, limiting travel and closing all Non-Critical Businesses.
On April 6, 2020, The Governor of Colorado Amended Executive Order 2020-17. The Amended Executive Order extended the requirements for Coloradans to stay at home to April 26, 2020, clarifying what activities Coloradans are allowed to engage in and emphasizing that local public health authorities have the authority to issue a more protective public health order than the Governor’s Executive Orders.
As of April 9, 2020, Chaffee County has 39 confirmed positive tests and three deaths associated with COVID-19.
CCPH recommends that without appropriately responding to the illness, including, requiring people to Stay at Home whenever possible, implementing social distance requirements, limiting travel to Necessary Travel, cancelling and postponing public events, closing businesses (except Critical Businesses), closing hotels, motels and short-term rentals, restricting all social gatherings, numbers of cases within Chaffee County will rise which may result in serious illness or death for certain members of the community, and will have the effect of interrupting the functioning of the community, will overwhelm the capacity of the local health care system and the ability to respond to the COVID-19 pandemic. Additionally, a large surge in the number of persons with COVID-19 can compromise the ability of the healthcare system particularly in the high-country counties currently affected by community transmission to deliver necessary healthcare to the public.
There is clear evidence that some individuals who contract the COVID-19 virus have no symptoms or have mild symptoms, which means they may not be aware they carry the virus. Because even people without symptoms can transmit the disease, and because evidence shows the disease is easily spread, gatherings promote transmission of COVID-19. COVID-19 also physically contributes to property loss, contamination, and damage due to its propensity to attach to surfaces for prolonged periods of time.
The scientific evidence also shows that at this stage of the emergency, it is critical to slow transmission as much as possible to protect the most vulnerable and to prevent Colorado’s health care system from being overwhelmed. One proven way to slow the transmission is to limit interactions among people to the greatest extent practicable and increase the distance between people in the work environment. This Order helps to reduce the property damage caused by COVID-19 and preserves the welfare of our residents by reducing the spread of the disease in our communities and our workplaces, and preserving critical emergency and healthcare capacity in the State.
The limitations on people’s activities, business activities, large gatherings and use of social distancing decreases the risk of COVID-19 transmission to our most vulnerable populations and is especially important for people who are over 60 years old and those with chronic health conditions due to their higher risk of severe illness and death from COVID-19. This Order will reduce the likelihood that many individuals will be exposed to COVID-19 at a single event and will therefore slow the spread of COVID-19 in our communities.
This Order is adopted pursuant to the legal authority set forth in sections 25-1-506 and 25-1-508, Colorado Revised Statutes. Under these laws, the Chaffee County Public Health Director has the duty to investigate and control the causes of epidemic or communicable diseases and conditions affecting public health and to establish, maintain, and enforce isolation and quarantine, and in pursuance thereof, and for this purpose only, to exercise physical control over property and over the persons of the people within the jurisdiction of the agency as the agency may find necessary for the protection of the public health.
This Order mirrors many of the requirements of CDPE’s March 25, 2020 Public Health Order 20-24 implementing stay at home requirements. Nothing in the Governor’s Executive Order 2020-17 or CDPHE Public Health Order 20-24 prevents a local public authority from issuing an Order more protective of public health. Any restrictions in this Order that are more protective of the public health and welfare will prevail over any state Executive or CDPHE order that are less protective of the public health and welfare.
This Order shall apply to all unincorporated areas of Chaffee County, Colorado and all incorporated (municipal) areas that do not have their own public health agency: City of Salida, Town of Poncha Springs and Town of Buena Vista.
1. STAY AT HOME
a. All individuals currently living within Chaffee County are ordered to Stay at Home whenever possible. Individuals living in shared or outdoor spaces must at all times, to the greatest extent possible, comply with Social Distancing Requirements, and may leave their Residences only to perform or utilize Necessary Activities, Minimum Basic Operations, Critical Government Functions, Necessary Travel or Critical Businesses. Individuals are strongly encouraged to limit shopping for groceries to one time a week. Visitors and second home owners that are not primary residents of Chaffee County are directed to return home immediately because the County has limited health and safety resources to meet local COVID-19 demands.
b. All public and private gatherings of any number of people occurring outside a Residence are prohibited, except for the limited purposes expressly permitted in this Order which include Essential Activities. Nothing in this Order prohibits the gathering of members living in the same Residence.
c. People at high risk of severe illness from COVID-19 and people who are sick are urged to stay in their Residence at all times except as necessary to seek medical care.
d. Individuals experiencing symptoms of COVID-19 must self-isolate until their symptoms cease or until they have a negative test result. Due to limited testing availability and narrow criteria for testing, if an individual has tested positive for COVID-19 and/or has developed symptoms of COVID-19, including early or mild symptoms (such as cough and shortness of breath), they should be in isolation (staying away from others) until they have had no fever for at least seventy-two (72) hours (that is three full days of no fever without the use of medicine that reduces fevers), other symptoms have improved (such as cough or shortness of breath) and at least seven (7) days have passed since symptoms first appeared.
e. Individuals who have engaged in out of county Non-Necessary Travel, shall self-quarantine (staying home and away from others) for at least seventy-two (72) hours or until they have a
negative test result or if the individuals’ experiences symptoms, they must follow the requirements of 1d.
f. People experiencing homelessness are strongly urged to obtain shelter and entities are strongly urged to make shelter available as soon as possible and to the maximum extent practicable. People experiencing homelessness must comply with Social Distancing Requirements, at all times.
g. All travel, including, but not limited to, travel by automobile or public transit or pedestrian or self-propelled travel, such as bicycling, except Necessary Travel is prohibited. People must use public transit only for purposes of performing Necessary Activities or to travel to and from work to operate Critical Businesses or maintain Critical Governmental Functions. People riding on public transit must comply with Social Distancing Requirements, to the greatest extent feasible.
2. BUSINESS REQUIREMENTS
a. Critical Businesses, as defined below, are exempt, subject to certain limitations, from this Order and are encouraged to remain open. Critical Businesses must comply with Social Distancing Requirements at all times and implement tele-work or other strategies, such as staggered schedules or re-designing workplaces, to create more distance between workers unless doing so would make it impossible to carry out critical functions. Critical Businesses that serve the public such as grocery stores and other Critical Retail shall comply with Social Distancing Requirements at all times including, but not limited to, when any customers are standing in line.
b. To successfully contain the spread of the virus, all employers and individuals must observe Social Distancing Requirements at all times and to the greatest extent possible.
c. All businesses required to close down their in-person work under this Order may continue to carry out Minimum Basic Operations as defined below. Businesses that can continue to operate through work at home arrangements with their employees are encouraged to do so.
d. Child care facilities providing services exempted in this Order must, to the extent possible, operate under the following mandatory conditions: (1) child care must be carried out in stable groups of 10 or fewer (“stable” means that the same 10 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 group of children is cared for at one facility, each group shall be in a separate group. Groups shall not mix with each other; (4) child care workers shall remain solely with one group of children. To the extent possible, child care shall be performed in compliance with Social Distancing Requirements.
a. Necessary Activities. For purposes of this Order, individuals may leave their Residence only to perform any of the following Necessary Activities, provided they comply at all times and to the greatest extent possible with Social Distancing Requirements below. People at high risk of severe illness from COVID-19 and people who are sick, however, must not leave their Residence except as necessary to receive medical care. Necessary Activities include:
i. Engaging in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members, including, but not limited to, pets and livestock, such as, by way of example only and without limitation, obtaining medical supplies, walking your dog, feeding barnyard animals, obtaining durable
medical equipment, obtaining medication, visiting a healthcare professional, or obtaining supplies they need to work from home.
ii. Obtaining necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others, such as, by way of example only and without limitation, food, pet supply, other household consumer products, and products or equipment necessary to maintain the safety, sanitation, and essential operation of a Residence.
iii. Chaffee County residents who are engaging in outdoor activity, such as, by way of example and without limitation, walking, hiking, nordic skiing, snowshoeing, biking or running. For purposes of outdoor activity, parks will remain open to the public to engage in walking, hiking, biking, running, and similar outdoor activities but all playgrounds, picnic areas, tennis courts, basketball courts and other similar areas conducive to public gathering, and attended areas shall be closed. Additionally, the permitted outdoor activities in this Order do not include any activities that would violate the Social Distancing Requirements as defined below. As an example, golf, disc golf, basketball and other sports that can be played individually are allowed if no equipment is shared and it does not violate Social Distancing Requirements. However, the use of any shared equipment or facilities, such as golf carts or clubhouses, and league or tournament play is prohibited. Recreational facilities and outdoor activities are deemed Necessary Activities only for Chaffee County residents.
iv. Performing work providing essential products and services for a Critical Business or Critical Government Function as defined below, or to otherwise carry out activities permitted in this Order.
v. Caring for a family member, a vulnerable person, or pet in another household, or to care for livestock kept at a location other than an individual’s Residence.
b. Necessary Travel. For purposes of this Order, travel is Necessary for any of the following purposes: (1) providing or accessing Necessary Activities, Minimum Basic Operations, Critical Government Functions, and Critical Businesses; (2) receiving materials for distance learning, for receiving meals, and any other related services from educational institutions; (3) returning to a place of Residence from outside the jurisdiction; (4) travel required by law enforcement or court order; (5) non-residents returning to their place of Residence.
c. Critical Business. Any business, including any for profit or non-profit, regardless of its corporate structure, engaged in any of the commercial, manufacturing, or service activities listed below, may continue to operate as normal. Critical Businesses must comply with the guidance and directives for maintaining a clean and safe work environment issued by the CDPHE and CCPH. Critical Businesses must comply with Social Distancing Requirements and all Orders currently in effect to the greatest extent possible and will be held accountable for doing so. Critical Businesses do NOT include health clubs as defined in C.R.S. § 6-1-102(4.6), fitness and exercise gyms, and similar facilities, or any of the other businesses required to close by CDPHE’s State Public Health Order 20-22, such as bars, taverns, pubs, cigar bars theaters, and concert halls.
“Critical Business” means:
1. Healthcare Operations, Including:
● Hospitals, clinics, and walk-in health facilities
● Medical and dental care, including ambulatory providers
● Research and laboratory services
● Medical wholesale and distribution
● Home health care companies, workers and aides
● Pharmaceutical and biotechnology companies
● Behavioral health care providers
● Veterinary care and livestock services
● Nursing homes, residential health care, or congregate care facilities
● Medical supplies and equipment manufacturers and providers, including durable medical equipment technicians and suppliers
● Blood banks
2. Critical Infrastructure, Including:
● Utilities and electricity, including generation, transmission, distribution and fuel supply
● Road and railways
● Public works construction, public roads and highways, and public transportation
● Oil and gas extraction, production, refining, storage, transport and distribution
● Public water and wastewater
● Telecommunications and data centers
● Transportation and infrastructure necessary to support critical businesses
● All short-term lodging, including but not limited to hotels, motels, short-term rental (30 days or less), bed and breakfasts establishments, lodges, retreats, campgrounds/recreational vehicle park and recreational camping that are only used for Necessary Travel purposes or as authorized by writing by the Public Health Director for emergency or quarantine purpose or to provide lodging for essential personnel. Specifically, short-term lodging is permitted: for emergency purposes and as permitted by Public Health, guest travelling through the County and are using the short-term lodging or camping for overnight Necessary Travel, emergent sheltering of at-risk community members, and the use of the facility at the time of this Order as a long-term residence. All other use of short-term lodging and camping is prohibited, there shall be no booking or reservation for the pendency of this Order and current reservations for the timeframe anticipated in this Order shall be canceled. All short-term lodging establishments shall follow CDPHE guidelines for minimizing the spread of COVID-19.
● Businesses and organizations that provide food, shelter, social services, and other necessities of life for economically disadvantaged, persons with access and functional needs, or otherwise needy individuals
● Food and plant cultivation, including farming crops, livestock, food processing and manufacturing, animal feed and feed products, rendering, commodity sales, and any other work critical to the operation of any component of the food supply chain
● Any business that produces products critical or incidental to the construction or operation of the categories of products included in this subsection
3. Critical Manufacturing, Including:
● Food processing, manufacturing agents, including all foods and beverages
● Computers and computer components
● Medical equipment, components used in any medical device, supplies or instruments
● Sanitary products
● Household paper products
● Any business that produces products critical or incidental to the processing, functioning, development, manufacture, packaging, or delivery of any of the categories of products included in this subsection
● Any manufacturing necessary to support a Critical Business
4. Critical Retail, Including:
● Grocery stores including all food and beverage stores
● Farm and produce stands
● Gas stations and convenience stores
● Restaurants and bars (for take-out/delivery only as necessary under
State Executive Order 2020 011 and State Public Health Order 20-22, as amended)
● Marijuana dispensary (only for the sale of medical marijuana or curbside delivery pursuant to State Executive Order 2020 011)
● Liquor stores
● Pet stores for pet food and supplies
● Firearms stores
● Hardware, farm supply, and building material stores
● Establishments engaged in the retail sale of food and any other essential household consumer products (such as cleaning and personal care products)
5. Critical Services, Including:
● Trash, compost, and recycling collection, processing and disposal
● Mail and shipping services, and locations that offer P.O. boxes
● Self-serve laundromats and garment and linen cleaning services for critical businesses
● Building cleaning and maintenance
● Child care services
● Bicycle-shops for the sole purpose of supplying repair parts and repairing and maintenance of bicycles but not including retail sales or rental of bicycles and equipment for leisure use. Bicycle shops must follow Social Distance Requirements and establish when possible curb-side service
● Automobile rental, auto supply and repair (including retail dealerships that include repair and maintenance, but not retail sales)
● Warehouse/distribution and fulfillment, including freight distributors
● Funeral homes, crematoriums, and cemeteries with strict compliance with Social Distancing Requirements for employees and any attendees of services
● In-person pastoral services for individuals who are in crisis or in need of end of life services provided Social Distancing Requirements are observed to the greatest
extent possible. Houses of worship may remain open, services are limited to 10 or fewer congregants and Social Distancing Requirements are required and the use of electronic platforms to conduct services whenever possible is encouraged
● Storage for Critical Businesses
● Animal shelters, animal boarding services, animal rescues, zoological facilities, animal sanctuaries, and other related facilities, excluding pet grooming
6. News Media
● Other media services
7. Financial Institutions, Including:
● Banks and credit institutions
● Insurance, payroll, and accounting services
● Services related to financial markets
● Professional services, such as legal, title companies, or accounting services, real estate appraisals and transactions.
8. Providers of Basic Necessities to Economically Disadvantaged Populations,
● Homeless shelters and congregate care facilities
● Food banks
● Human services providers whose function includes the direct care of patients in State-licensed or funded voluntary programs; the care, protection, custody and oversight of individuals both in the community and in State-licensed residential facilities; those operating community
shelters and other critical human services agencies providing direct care or support
9. Essential Construction:
● All construction that requires a permit through the Chaffee County Building Department is deemed Essential Construction. All other construction is deemed Non-Essential Construction and must immediately shut down except for Non-Essential Emergency Construction, which is necessary to protect the health and safety of the occupants or to continue a project until it is safe to shut the site down.
● All Essential Construction may continue only if the Essential Construction site registers the work site with the Chaffee County Building Department and follows and implements CCPH’s COVID-19 work site safety requirements. Essential Construction sites that violate this Order will be immediately shut-down and penalties may be imposed under this Order.
● Essential Construction includes any construction project not requiring a building permit, which is necessary to protect the health and safety of a Critical Business.
● For the purpose of this section Non-Essential Construction does not include a single worker, who are the sole employee/worker on a job site, or members of a common household engaged in at-home (owner occupied) construction projects.
● On a case-by-case basis, Non-Essential Construction may be allowed by CCPH and would be subject to same requirements as an Essential Construction.
● Defense, security, and intelligence-related operations supporting the State of Colorado, local government, the U.S. Government or a contractor for any of the foregoing
● Aerospace operations
● Military operations and personnel
● Defense suppliers
11. Critical Services Necessary to Maintain the Safety, Sanitation and
Critical Operations of Residences or Other Critical Businesses, Including:
● Law enforcement
● Fire prevention and response
● Building code enforcement
● Emergency management and response
● Building cleaners or janitors
● General maintenance whether employed by the entity directly or a vendor
● Automotive repair
● Snow removal
● Landscape services that are related to general maintenance and repair
12. Vendors that Provide Critical Services or Products, Including Logistics and Technology Support, Child Care and Services:
● Technology support for online and telephone services
● Child care programs and services
● Government owned or leased buildings
● Critical Government Functions
13. Education Institution that Provide Critical Services to Students and the General
● K-12 public school and private schools for the purposes of providing meals, housing, facilities or providing materials for distance learning, and providing other essential services to students, provided that Social Distancing Requirements are observed.
● Postsecondary institutions, including private and public colleges and universities, for the purpose of facilitating distance learning or performing essential functions, provided that
Social Distancing Requirements are observed, such as security, medical and mental health services, housing, food services and critical research.
d. Government Functions. The provision, operation and support of the following government functions shall continue:
i. Critical services, including
● Public safety (police stations, fire and rescue stations, correctional institutions, emergency vehicle and equipment storage, and, emergency operation centers)
● Emergency response
● Judicial branch operations, including attorneys if necessary for ongoing trials and required court appearances, unless appearances can be done remotely
● Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors offices, and non-urgent care medical structures that do not provide these functions)
● Designated emergency shelters
● Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits)
● Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines)
● Transportation. Airlines, taxis, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, and other private, public, and commercial transportation and logistics providers necessary for Necessary Activities
● Transportation infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars), critical road construction and maintenance
● Hazardous material safety
● Services to at-risk populations and Vulnerable Individuals
● Any government service required for the public health and safety, government functionality, or vital to restoring normal services
● Activities related to federal, state, and local elections, including any required acts of a political party, provided Social Distancing Requirements are observed
● All services needed to ensure the continuing operations of municipalities and government agencies
e. Minimum Basic Operations. The minimum necessary activities to (1) maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions; or (2) facilitate employees of the business being able to continue to work remotely from their Residences are allowable pursuant to this Order. Any business supporting Minimum Basic Operations mu
f. Social Distancing Requirements. To reduce the risk of disease transmission, individuals shall maintain at least a six-foot distance from other individuals, wash hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, cover coughs or sneezes (into the sleeve or elbow, not hands), regularly clean high-touch surfaces, and not shake hands.
g. “Stay at Home” means to stay in your place of Residence, which includes use of hotels, motels, and shared rental facilities that are permitted and consistent with this Order, and not leave unless necessary to provide, support, perform, or operate Necessary Activities, Minimum Basic Operations, Critical Government Functions, and Critical Businesses.
h. “Vulnerable Individual” means anyone with a disability, anyone over the age of 60 and anyone with a serious underlying health condition.
4. Chaffee County is tasked with protecting the health and welfare of the citizens of Chaffee County, Colorado by investigating and controlling the causes of epidemic and communicable disease. This Order is necessary to control any potential transmission of disease to others. See section 25-1-508, Colorado Revised Statutes. Immediate issuance of this Order is necessary for the preservation of public health, safety, or welfare.
5. Any person aggrieved and affected by this Order has the right to request judicial review by filing an action with the Chaffee County District Court within 90 days of the date of this Order, pursuant to section 25-1-515, Colorado Revised Statutes. However, you must continue to obey the terms of this Order while your request for review is pending.
6. If any provision of this Order to the application thereof to any person or circumstance is held to be invalid, the reminder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.
7. This Order is in effect and will continue to be in effect until midnight Mountain time April 30, 2020, unless extended, rescinded, superseded, or amended in writing.
8. FAILURE TO COMPLY WITH THIS ORDER IS SUBJECT TO THE PENALTIES CONTAINED IN SECTIONS 25-1-516 AND 18-1.3-501, COLORADO REVISED STATUTES, INCLUDING A FINE OF UP TO FIVE THOUSAND (5,000) DOLLARS AND IMPRISONMENT IN THE COUNTY JAIL FOR UP TO EIGHTEEN MONTHS.
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