Delaware Begins Phase 2 Of Its Reopening Plan

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On June 15, 2020, the State of Delaware will begin the second phase of its three-part reopening plan. This phase allows certain public-facing businesses that reopened in Phase 1 to further expand their occupancy limits. Businesses must continue to practice social distancing according to stated guidelines.

Continuing Restrictions

Businesses currently operating at 30 percent capacity of the stated fire occupancy limit may now increase to 60 percent capacity except for the following businesses, which must maintain a 30 percent capacity limit: exercise facilities and personal care services, such as hair care, tanning, tattoo, massage therapy services, nail care, brow care, spas, and waxing services.

Businesses should continue to enforce compliance with social distancing requirements. These include six-foot distancing between persons from different households, requiring employees, visitors and guests to wear face coverings, and requiring employees to regularly wash their hands and stay at home when sick.

Phase 2 Regulations Specific to Certain Businesses

Arts and Culture, Museums, Galleries and Historical Attractions

  • Museums, performing arts locations, galleries, libraries, historical attractions, and arts education institutions may now offer visits without reservations.
  • Ticketing services should be provided electronically or by phone.
  • Playbills, maps or other papers should be provided electronically.
  • No touch entries should be maximized.
  • Coat/baggage checks are not permitted.

Food & Drink Establishments

  • Face coverings are required when entering, exiting, or navigating the business (i.e., using the restrooms) except when seated at a table.
  • Tables and booths must be arranged so that customers are at least six feet apart.
  • Customers from different households may sit together as long as they are socially distanced.
  • Single use, paper, disposable menus shall be used.
  • All condiments shall be provided directly to the diners in either single use disposable containers or reusable containers that are cleaned between uses.
  • Self-service food and buffet options may not reopen.

Retail

Establishments providing retail services such as grocers, pharmacies, clothing, shoe, jewelry, sporting goods, book stores, florists and department stores must continue to practice the following:

  • Close common areas to avoid congregation.
  • Prohibit gatherings of more than 50 persons.
  • Employees may take breaks outside or in personal workspaces as long as social distancing is possible.
  • Implement touchless receiving practices.
  • Discourage the use of shared equipment and work stations, and if unavoidable, clean the equipment after each use.
  • Install physical barriers (such as sneeze guards and partitions) to ensure six foot distancing is practiced.
  • Post signage regarding the 60 percent capacity limit.
  • Mark six-foot spacing at checkout lines.

Personal Care Services

  • Stations must only be open on a staggered basis (operating every other station at a six-foot distance).
  • Services may be provided by appointment only.
  • Customers waiting for appointments must wait outside or in their vehicle.
  • Limited contact during check-ins and checkouts is recommended.
  • Magazines and other materials that are typically shared may not be provided.

Exercise Facilities

  • Limited contact during check-ins and checkouts is recommended.
  • Classes are allowed with a ten (10) participant maximum.
  • Shared equipment must be disinfected after each use.
  • Customers are encouraged to bring their own yoga mats.
  • All spaces such as locker rooms and water stations must be continually disinfected.

Realty

  • Open houses are now permitted subject to social distancing guidelines and indoor gathering limits.

Child Care

  • Childcare facilities may open for all Delaware families subject to restrictions on group sizes and cleaning protocols.
  • Parents who are able to keep their children at home are encouraged to do so in an effort to reduce group sizes and prevent transmission of COVID-19.

Commercial Lodging

  • Guest rooms in a commercial lodging facilities should be disinfected between uses by individual guests with an EPA-approved disinfectant.
  • All common areas should be cleaned every fifteen (15) minutes to two (2) hours using an EPA-approved disinfectant.
  • Food and drink facilities, exercise facilities, and spa services on the premises of a commercial lodging facility should follow the respective industry guidance provided above.
  • Campgrounds should space out tent plots and/or recreational vehicle parking spaces so that individual groups of campers maintain social distancing from other groups when within their spaces.
  • Any outdoor concessions offered at a commercial lodging facility should ensure that all individuals are socially distanced when placing or receiving a food or drink order, and any outdoor dining spaces should follow the industry guidance for food and drink establishments.

Facilities Not Permitted to Open in Phase 2

Certain facilities will not reopen for use during Phase 2. These facilities include: indoor children’s play areas, playground facilities, trampoline parks, and children’s museums and water parks.

Currently, sporting facilities and venues (professional and amateur), including but not limited to arcades, bowling alleys, indoor skating rinks (ice and non-ice), martial arts studios, dance studios, indoor tennis and similar indoor athletic facilities are not scheduled to reopen. However, the Covid19 task team, comprised of the Department of Public Health and Division of Small Business, will consider applications to reopen on a case-by-case basis. The establishment must create a facility specific plan that explains how the facility will observe the industry guidance provided for exercise facilities. The plan must be submitted to the Covid19 task team for review and approval.

Update Regarding Indoor Gatherings

The indoor gathering limit has been increased to 50 people, but social distancing must continue to be practiced with people who are not of the same household.

For any additional information on Phase 2 of Delaware’s Reopening plan, please consult the governor's announcement.

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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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