Governor Cooper Issues “Stay-At-Home” Order; Housing Construction, And Related Real Estate Services, Are Found To Be COVID-19 “Essential Businesses”
NCHBA Members:
Late this afternoon, Governor Roy Cooper issued Executive Order 121 which implements a “Stay-At-Home” order for the citizens of the state. We are very pleased to report that “housing construction” and related real estate services are specifically set forth as “Essential Businesses” and may operate under the ”social distancing requirements” set forth in the order. Your NCHBA staff has been almost daily contact with the Governor’s Office over this past week to urge the action that he took today.
“Governor Cooper is to be commended for his strong actions to protect our citizens and our economy during this crisis,” said Outer Banks builder, Mark Martin, NCHBA’s 2020 President. “He understands the vital role that the residential construction industry plays in the success of the economy of our state. Furthermore, the Governor understands that our industry can keep people employed while honoring safe work and social distancing guidelines published by our public health officials.”
Housing construction is found under the definition of “essential infrastructure operations.” The order further finds that “building and construction tradesmen and tradeswomen, and other trades, including but not limited to, plumbers, electricians…operating engineers, HBAC, painting…landscapers and other service providers who provide services that are necessary to maintaining the safety, sanitation and essential operation of residents and COVID-19 Essential Businesses and Operations. This includes organizations that represent employees” which keeps us on the job! Among the professional services deemed essential are “legal services, accounting services, insurance services, professional engineering and architectural services, land surveying services, real estate services (including brokerage, appraisal and title services)…”
The Governor noted that his order does NOT preempt local ordinances which have been enacted over the past several days. “Nothing herein is intended to limit or prohibit counties and cities in North Carolina from enacting and issuing state of emergency declarations which impose greater restrictions or prohibitions to the extent authorized under North Carolina law.” See link to NCHBA list of local ordinances on our NCHBA website (password: nchba2011)
In response to a question during his news conference, the Governor stated that there would be no “credentials” or other documents necessary for an worker to prove that he or she works for an “essential business”. However, we have previously noted it would be prudent for each of our members to provide a copy of the relevant local or state order to workers if they are questioned. A letter naming the worker and describing the location of the job-site might also be useful for the worker to have in his or her possession.
This executive order becomes effective at 5:00 pm on Monday, March 30, and shall remain in effect for 30 days (although it is likely it will be extended). Of course, local orders now in effect in the relevant jurisdictions would take precedence.
Finally, we must be vigilant to ensure that ANYONE on our job-sites abides by the ”social distancing requirements” and the other COVID-19 safety precautions (as more fully discussed in our last Member Update). What is given can easily be taken away if we do not exercise appropriate supervision and common sense.
Stay safe and observant!
Mike Carpenter NCHBA Executive Vice President & General Counsel
