New York halts ‘non-essential’ construction

All non-essential construction in New York State has been ordered stopped by the governor, effective 4 p.m. yesterday.

The order was made in furtherance of the state’s efforts to stop the spread of the novel coronavirus, Gov. Andrew Cuomo said Thursday. The governor last week ordered all non-essential business closed as of 8 p.m. on March 22. Construction was originally exempted from the ban.

Emergency construction — a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow it to remain undone until it is safe to shut the site — is exempted from the ban.

Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters.

Every essential or emergency non-essential construction site must maintain social distance, including for purposes of elevators/meals/entry and exit, and safety best practices.

Construction work, for the purposes of this ban, does not include a singe worker who is the sole employee/worker on a job site.

The ban will be enforced by the state in coordination with local governments. Violations are subject to fines of up to $10,000 per violation.

According to the state, “essential business” means businesses operating in or as:

1. Essential health care operations including

• research and laboratory services
• hospitals
• walk-in-care health clinics and facilities
• emergency veterinary, livestock services
• senior/elder care
• medical wholesale and distribution
• home health care workers or aides for the elderly
• doctor and emergency dental
• nursing homes, or residential health care facilities or congregate care facilities
• medical supplies and equipment manufacturers and providers
• licensed mental health providers
• licensed substance abuse treatment providers
• medical billing support personnel

2. Essential infrastructure including

• public and private utilities including but not limited to power generation, fuel supply and transmission
• public water and wastewater
• telecommunications and data centers
• airports/airlines
• commercial shipping vessels/ports and seaports
• transportation infrastructure such as bus, rail, for-hire vehicles, garages
• hotels, and places of accommodation

3. Essential manufacturing including

• food processing, manufacturing agents, including all foods and beverages
• chemicals
• medical equipment/instruments
• pharmaceuticals
• sanitary products including personal care products regulated by the Food and Drug Administration
• telecommunications
• microelectronics/semi-conductor
• food-producing agriculture/farms
• household paper products
• defense industry and the transportation infrastructure

4. Essential retail including

• grocery stores including all food and beverage stores
• pharmacies
• convenience stores
• farmer’s markets
• gas stations
• restaurants/bars (but only for take-out/delivery)
• hardware, appliance and building material stores
• pet food

5. Essential services including

• trash and recycling collection, processing and disposal
• mail and shipping services
• laundromats and other clothing/fabric cleaning services
• building cleaning and maintenance
• child care services
• bicycle repair
• auto repair
• automotive sales conducted remotely or electronically, with in-person vehicle return and delivery by appointment only
• warehouse/distribution and fulfillment
• funeral homes, crematoriums and cemeteries
• storage for essential businesses
• maintenance for the infrastructure of the facility or to maintain or safeguard materials or products therein
• animal shelters/ and animal care

6. News media

7. Financial Institutions including

• banks or lending institution
• insurance
• payroll
• accounting
• services related to financial markets

8. Providers of basic necessities to economically disadvantaged populations including

• 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. Construction 

• All non-essential construction must shut down except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone until it is safe to shut the site).
• Essential construction may continue and includes roads, bridges, transit facilities, utilities, hospitals or health care facilities, affordable housing, and homeless shelters. At every site, if essential or emergency non-essential construction, this includes maintaining social distance, including for purposes of elevators/meals/entry and exit. Sites that cannot maintain distance and safety best practices must close and enforcement will be provided by the state in coordination with the city/local governments. This will include fines of up to $10,000 per violation.
• For purposes of this section construction work does not include a single worker, who is the sole employee/worker on a job site.

10. Defense

• defense and national security-related operations supporting the U.S. Government or a contractor to the US government

11. Essential services necessary to maintain the safety, sanitation and essential operations of residences or other businesses including

• law enforcement, including corrections and community supervision
• fire prevention and response
• building code enforcement
• security
• emergency management and response, EMS and 911 dispatch
• building cleaners or janitors
• general maintenance whether employed by the entity directly or a vendor
• automotive repair
• disinfection
• residential moving services

12. Vendors that provide essential services or products, including logistics and technology support, child care and services including but not limited to:

• logistics
• technology support for online services
• child care programs and services
• government owned or leased buildings
• essential government services
• any personnel necessary for on-line or distance learning or classes delivered via remote means

Anyone who is aware of any non-essential gatherings or any non-essential businesses or entities operating in violation of the “New York on PAUSE” ban may file a complaint by calling 1-833-789-0470 or may file a complaint online.