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Coronavirus Q&A: How the Bay Area’s extended stay-at-home order changes the rules

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This week’s extension of the Bay Area’s shelter-in-place order added new clarifications and restrictions to the mix.

Here’s what you need to know about the new order — signed by Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties and in effect until May 3 — that replaces the previous order that kicked off March 17.

Will it really end on May 3?

Probably not.

The order was originally instituted as a three-week mandate that was set to expire on April 7, but officials on Tuesday extended it another four weeks, for a total of seven weeks of isolation.

When asked how officials will decide whether to extend it again, Santa Clara County Public Health Officer Sara Cody said it depends on a lot of factors that all tie back to hospital capacity.

“What we need to see is that our demand source — how many people are ill and requiring hospitalization — comes to a place where it’s comfortably nestled under our supply curve to care for them in the way they need to be cared for,” Cody said.

After two weeks of the region’s stay-at-home order, Cody said that “early indications show that the actions we’ve taken have started to slow the spread” but that more time and additional resources are still needed. Gov. Newsom is now using a 12-week time frame when he talks of the need for Californians to adhere to stay-home orders.

May I still go outside or to a park for exercise?

Although the order restricts “non-essential travel” by foot, bicycle, scooter and vehicles, residents can go outside to get fresh air, walk their dog or go for a run.

Most trails and parks across the region remain open, but many have closed parking lots to limit the number of visitors. And everyone must maintain six feet between one another when outside of their home.

One county, however, has now put tighter restrictions on resident’s exercise and time outside.

San Mateo County public health officials have clarified in an FAQ on their website that residents may exercise — including walking, running or riding a bike — only “if within 5 miles of your residence.”

“There’s real danger when a person from one area visits another area,” said Preston Merchant, a spokesperson for San Mateo County Health. “Your need for exercise and walking the dog should really be limited to your immediate surroundings — that’s the intent of the order. And that’s why many parks and beaches have essentially just shut down.”

Santa Clara County Counsel James Williams said that those residing outside San Mateo County are still permitted to range farther for exercise.

“It is the one significant difference I’m aware of between the orders,” Williams said in an email. “The Santa Clara County and other orders do not include any mile-based limitation on outdoor activity.”

When am I required to adhere to social distancing rules?

Social distancing requirements are now mandatory under all circumstances, from walking in the park to going to the grocery store to working at an essential business. Everyone must maintain at least six feet between themselves and others outside of their immediate household at all times.

“That’s a minimum. More distance is better, smaller groups are better, the less time you’re in contact with others is better,” Cody said.

May I go see my friends or significant other if I stay inside a home?

Not legally. Even if you maintain six feet of distance, traveling to visit a friend or significant other is not considered an essential activity.

You are permitted to leave your home only for essential activities (such as grocery shopping, medical needs, caring for a family member, etc.), essential government functions or to work at an essential business. For a list of essential businesses, click here.

May I take my dog to the dog park?

Not any more. Under the newly extended order, dog parks must be shut down. Public health officials say that dog parks promote social gathering, which the order is attempting to stop.

What is closed now that wasn’t before?

All dog parks; tennis, pickleball, futsal, and basketball courts; outdoor gym equipment and playgrounds; picnic and barbecue areas; drinking fountains; public restrooms; disc golf areas and sports fields are now closed across the region.

Although many cities had already closed these facilities, the order which went into effect on Wednesday prohibits them outright.

What are the new requirements for businesses that remain open?

The list of essential businesses has primarily remained the same, although there are tighter restrictions on construction projects. The “essential” list includes grocers, pharmacies, gas stations, and healthcare facilities.

But those businesses now must adhere to some additional regulations.

By Friday, April 3, businesses that remain open must create a “Social Distancing protocol” for their facility that customers and employees can view easily, and they must implement it in their day-to-day operations. The counties have each provided businesses with a template to use.

The protocol stipulates that essential businesses should check employees for symptoms before they enter the workplace, set up work stations at least six feet apart, and ensure hand sanitizer and disinfectants are available throughout the facility.

Businesses must also maximize the number of employees who work from home, excepting only those employees who cannot perform their job duties from home. And they must scale down operations to the essential portion of what they normally do.

How will this be enforced?

This new, extended mandate will be enforced the same as before, by local law enforcement agencies that appear to be stepping up their activities after an initial grace period. Contacts for violations could lead to misdemeanor citations — the strongest legal penalty authorized by the sheltering order — and business license and health code sanctions.

In Santa Clara County, reports of businesses operating in violation of the order can be sent to pubhealthreferral@dao.sccgov.org. A voicemail can also be left by calling 408-792-2300 in English, Spanish and Vietnamese.

Can I travel to my second home?

No, driving to a secondary residence would not be considered essential travel. To fight the spread of COVID-19 to additional communities, public health officials are asking you to stay in your primary residence. However, travel to a temporary residence is allowed if necessary to avoid potentially exposing others to COVID-19, according to the San Mateo County FAQ page.

My home needs some maintenance. Can I still get it done?

Home improvement service providers, such as plumbers, electricians and exterminators, may keep working only to help residents maintain a “livable, sanitary, and functional household,” according to Santa Clara County’s order FAQ page. Other maintenance is prohibited.

“Purely cosmetic or other non-essential home services for general upkeep are not allowed and should be put off,” according to the county’s FAQ, clarifying that landscapers or gardeners are not permitted to provide services for general upkeep or that are cosmetic.

What kind of construction is allowed under the new order?

Most commercial construction was already prohibited, and the new order extends the rules to most residential building. Only residential construction that includes at least 10% affordable units is permitted to continue. Construction on a single-family home may continue only if the home was already being built and the work is necessary to put it in a safe condition for the rest of the stay-at-home order.

The only other construction permitted to continue includes:

  • Projects immediately necessary to the maintenance, operation, or repair of essential infrastructure
  • Projects associated with healthcare operations
  • Public works projects if specifically designated as an essential governmental function by the lead governmental agency
  • Shelters and temporary housing, but not including hotels or motels
  • Construction or repair necessary to ensure that residences and buildings containing essential businesses are safe, sanitary or habitable

Have a question about the Bay Area’s extended stay-at-home order? Give us details and we’ll try to provide an answer in a future Q&A.

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