Public Health Orders 2020-08 & 2020-09

Gatherings

Gatherings of more than 6 people within the City of Boulder of anyone 18-22 years old is prohibited.

• A gathering is defined as more than one individual coming together or being physically near each other for any shared and common purpose, including socializing or participating in any activity together including but not limited to shopping, dining, or exercising.
• A gathering does not include employees of any business while performing work for that business or any classroom learning activity explicitly permitted by CU Boulder.
• Members of the same household while in their shared household space (e.g. a dorm room) together are not considered a gathering.
• Attending a life-rites ceremony — such as a wedding, funeral, or other religious rite — is permitted. Attending a related reception or party is not permitted, only the ceremony itself.
• Outdoor exercise with a group of more than six is prohibited for anyone 18-22.

Stay-At-Home Requirements for Collegiate Group Homes

Residents of Identified Properties remain under the Stay at Home Order until their residence submits an infection control plan and has it approved by Public Health.

Residents under the order are prohibited from:

• Leaving their residence except for Essential Activities and Essential Travel.
• Attending in-person classes.
• Using any mode of public transportation or rideshare (e.g. bus, plane, taxi, train, Uber, Lyft).
• Allowing any non-household member to enter the residence, unless they are an Essential Visitor.
• Moving from their residence unless relocating to an alternate location (see below)
• Congregating in common areas of the residence. Face coverings must be worn in common areas, and residents must social distance
• Participate in outdoor exercise with a group in any form
• Travel for outdoor exercise by motorized means
• Going to work unless they believe they will experience food insecurity or housing insecurity. If so, contact Public Health immediately at 720-776-0822 or email healthinfo@bouldercounty.org.

Stay-at-Home Residents must:

• Stay within walking distance of their residence
• Make every effort to avoid other people
• Wear a face covering at all times
• Report their name and address to the City of Boulder within 24 hours of being given the Order
• Notify Boulder County Public Health before relocating to an alternate location and:
  • Avoid non-essential activities and non-essential travel for 14 days upon arrival at the alternative location
  • Students are still subject to symptom monitoring, quarantine, and isolation requirements
  • Comply with the Stay-at-Home requirements and any additional quarantine requirements of the local jurisdiction
  • Notify all other occupants at the alternative location about the requirements before starting travel
  • Individuals who are in isolation (tested positive for COVID-19 or exhibiting COVID-19 symptoms) may not move to an alternative location.

Stay-at-Home Residents may:

• Receive contactless food delivery or pickup curbside orders from restaurants
• Return to the property after staying at an alternate location as long as they continue to adhere to the Stay at Home order as long as required, and, they have completed any required isolation period if they have been ill.

Stay-at-Home Residents do not include:

• Minor dependents who live with the adult legally responsible for them
• The adult responsible for the minor dependent

Note: anyone who believes following the Order will create food or housing insecurity should contact Public Health at healthinfo@bouldercounty.org, or call the call center at 720-776-0822.

All CU Students

Symptom Monitoring

• All CU Students must monitor their health daily for the following COVID-19 symptoms: Fever of 100.4F or higher; cough; shortness of breath or difficulty breathing; chills; body aches; sore throat; headache; diarrhea; nausea; vomiting; runny nose.
• Any CU Student who receives a positive COVID-19 test or develops COVID-19 symptoms must report any symptoms through the CU Daily Health Check or Boulder County Public Health.

Testing

• Isolation: All CU Students who have tested positive for COVID-19 or are experiencing symptoms of COVID-19, including mild symptoms such as cough and shortness of breath, are required to:
  1. isolate according to CDPHE Public Health Order 20-35 for their entire isolation period in addition to
  2. Follow all Stay-at-Home requirements
  3. Remain at their current location or an alternate location:
  4. Students who test positive must follow all isolation instructions provided by BCPH and CU.
• Report: Any CU Student who tests positive for COVID-19 and does not receive isolation instructions from Boulder County or CU within 2 days must report their positive test result to Public Health at 720-776-0822
• Results: Requirements of the Order must be followed regardless of a negative test (surveillance, diagnostic, or otherwise) result or a positive antibody test.

Cooperation

• All CU Students must cooperate with Public Health and CU Boulder contact tracing and case investigation efforts.

Travel

• All CU Students engaged in Essential Travel must follow social distancing requirements

Financial Hardship Exemption

Students may apply for exemption from the Order due to financial hardship for the purpose of traveling to and from work ONLY. To stop transmission of the virus, this exemption is only available to those who are less likely to be contagious. The application requires that students demonstrate they:

1. Have a job
2. Have had a positive COVID test result in the past 90 days
3. Have isolated properly:
   1. If never had symptoms, completed an isolation period of 10 days starting the day after the first positive test
   2. If had symptoms, complete an isolation period of 10 days, starting the day after first symptoms appeared AND must be fever free for at least 24 hours AND other symptoms have improved
4. Have demonstrated ongoing food or housing insecurity in consideration of available support services

Financial, Food, Housing, Assistance and More

• State law requires employers to provide 80 hours of paid leave while under quarantine (including Stay at Home Orders) for anyone who had a job at the time of quarantine
• Aunt Bertha: Enter zip code to find medical care, legal care, food, housing, goods, etc
• Boulder County COVID-19 Resources
• For undocumented community members: Suma’s Catálogo de Recursos
• Colorado Department of Labor and Employment information for paid leave issues. Website includes forms and videos on how to complete. Or call 303-318-8441

COVID-19 Food Bag Delivery Program

Are you having trouble affording food and unable to access other food assistance support services right now because of a COVID-19 exposure? This program is for food insecure individuals/families who:

• Live in Boulder County
• Were recently diagnosed with COVID-19 or are currently isolating/quarantining

Boulder County Public Health is partnering with Boulder County Farmers Markets, Harvest of Hope and Via Mobility to offer farm fresh produce bags and pantry staples delivered to your door.

Sign up by Wednesday for a delivery that following Monday. You can sign up for a maximum of 3 weeks in a row. Spots are limited. Please reach out with any questions about this food delivery program. You can email the program at foodaccess@bouldercounty.org or call 303-441-1382 (you must leave a voicemail).

Mental Health

• Disaster Distress Helpline, or 1-800-985-5990 or text TalkWithUs to 66746
• CU Counseling Services: 303-492-2277 (24/7 support available), includes resources including food delivery, mental health, etc.

Legal Services

• Student Legal Services: 303-492-6813
• Student Emergency Fund: For CU Boulder students who are experiencing a temporary financial hardship as a result of COVID-19.

Public Health Order FAQs

Q: What is considered a “gathering?”
A: More than two people coming together or being physically near each other for any shared and common purpose, including socializing or participating in any activity together, including but not limited to shopping, dining, or exercising.

It doesn’t include

1. Employees of any business, government, nonprofit, or not-for-profit while performing work for such entity
2. Any educational activity explicitly permitted by:
   • CU
   • Naropa University
   • Auguste Escoffier School of Culinary Arts
   • Boulder Massage Therapy Institute
   • Thai Healing Art Institute
   • Montessori Educatin Center of the Rockies
   • Dr. Ida Rolf Institute
   • or any other education institution in the city of Boulder as approved by Boulder County Public Health
3. Any life rites, such as wedding ceremonies, graduation ceremonies, funerals, other religious rites, and worship services, as authorized by and conducted in strict compliance with CDPHE Public Health Order 20-35
4. Any programs that serve adults with disabilities
5. Any activity required by law, such as jury service or participating in judicial proceedings
6. Members of the same household while in their shared household space
7. Students of K-12 schools participating in activities or classroom learning provided by or sanctioned by the K-12 school or program.

Q: Can a person aged 18-22 years still go to work at a private business, government, or non-profit? Can they perform jury service and testify as witnesses in court proceedings?
A: Yes, as long as they do not reside at one of the collegiate group homes that does not have an approved Infection Control Plan. Residents living at these addresses may not go to work unless they believe they will experience food insecurity or housing insecurity, in which case they should contact the BCPH Call Center at 720-776-0822.

Q: Can I go outside to exercise?
A: 18 to 22 year-olds (not under Stay-at-Home or isolation) may exercise outdoors alone or with five other people, so long as face coverings are worn as required by public health orders, and social distancing of 6 feet is maintained. People who reside at at one of the collegiate group homes that does not have an approved Infection Control Plan may only go outside to exercise alone and must remain near where they live.

Q: Can I eat out?
A: Residents living at at one of the collegiate group homes that does not have an approved Infection Control Plan may NOT dine at a restaurant nor at any other place outside their residence. They may, however, receive contactless delivery and may obtain curbside pickup from restaurants. Everyone else aged 18-22 years who doesn’t live at one of these addresses is encouraged to use curbside pickup and contactless delivery/pickup, but may dine with up to five other people, so long as face coverings are worn as required by public health orders, and social distancing of 6 feet is maintained.

Q: May I go to the gym?
A: As long as you don’t live at at one of the collegiate group homes that does not have an approved Infection Control Plan, you may exercise alone or with five other people, so long as face coverings are worn as required by public health orders and social distancing of 6 feet is maintained. You may not participate in any group classes.

Q: Can I exercise on a campus field or public park if other people are around?
A: Yes, except that you must maintain at least 6 feet of distance from all other people and wear a face covering if other people are approaching. If participating in a stationary form of exercise, like yoga, find an area where you can keep at least 25 feet from yourself and all other people. Exercise at off-peak hours when possible.

Q: I am not subject to Stay-at-Home. Can I go out to eat with an older friend or family member who is also not subject to this Order?
A: Yes, 18 to 22 year-olds not under Stay-at-Home or isolation may go out to eat with five other people.

Q: I am under isolation. What order applies to me?
A: Any person who is under isolation instructions, regardless of their age, must continue to isolate until you complete your isolation period. You are also still subject to all protective measures that are identified in your isolation instructions. If you complete your isolation and reside at one of the collegiate group homes that does not have an approved Infection Control Plan, you’ll need to continue staying at home. In other words, you must comply with the order even if you’ve completed your isolation period.

Q: I live in a dorm. Am I subject to Stay-at-Home?
A: Only the addresses listed as one of the collegiate group homes that does not have an approved Infection Control Planon the Stay-at-Home List are subject to Stay-at-Home. However, all people within the city of Boulder who are 18-22 years old are prohibited from gathering with more than five people – even in a dorm. Do not congregate in groups of more than 6, and maintain social distancing whenever you are in the city of Boulder, including within your dorm common areas.

Q: I am 18 but still in high school. How does this affect me?
A: 18-year-olds who are currently students in a K-12 school (high school) may participate in activities sanctioned or sponsored by their K-12 school, including K-12 classes and K-12 sports. Students currently completing their K-12 education may participate in activities with their household.

Q: I am a member of an intercollegiate sports team but I am between the ages of 18 and 22. Can I participate in team practice?
A: Your team must submit an Infection Control Plan to Boulder County Public Health and have it approved before you can participate in practices or other team activities of more than six people.

Q: What is the difference between isolation, stay at home, and the prohibition on gatherings?
A: Any person who has tested positive with COVID-19 or has symptoms must isolate, which means they should only leave their residence to obtain medical care and should obtain food via delivery. A person who must stay at home must stay at their residence except to get tested for COVID-19, seek medical care, obtain necessary supplies (via curbside pickup or contactless delivery), or to exercise alone. All 18 to 22 year-olds are prohibited from gathering anywhere within the city of Boulder, whether indoor or outdoor.

Q: What happens if I violate the Order?
A: A violation of a Public Health Order is a misdemeanor subject to criminal and civil penalties and fines. In addition, a violation of this Order is a violation of Boulder Municipal Court, and you will receive a summons to appear. Penalties include up to ninety days in Jail and a $1,000 fine. CU Students will also be reported to CU for potential discipline. CU Discipline can include exclusion from campus, suspension, and, in the worst cases, expulsion.

Q. What job protection do I have if I comply with the stay at home orders and do not go to work during this time period.
A. Senate Bill 20-205 requires all employers in the state, regardless of size, to provide each of their employees paid sick leave for reasons related to the COVID-19. The Colorado Labor Department has released emergency rules on paid sick leave for COVID-19. In addition there is state guidance to Employers/Businesses Regarding Employee Protections & Reasonable Accommodations due to COVID-19.

Q. Why was my address included on the Stay-At-Home list?
A. Properties identified as one of the collegiate group homes subject to stay-at-home requirements include properties that have documented histories of public health order violations as well as off-campus collegiate group homes that have many occupants between the ages of 18-22. Public Health has determined that off-campus collegiate group homes represent a significant source of COVID-19 transmission, both among residents and visitors, and that properties where public health order violations have occurred pose a significant threat of disease transmission due to documented occupant behavior. Prior quarantine directives do not relieve any person from complying with the terms of the public health order.

Q: I have a roommate. Does one of us have to move out so we don’t violate the Order?
A: No. You may socialize with your roommates or household members while you are in your room or your house. A dorm is not considered a household. For congregate housing and properties with more than four persons, (e.g., fraternities or sororities), your household consists of either just yourself or yourself and a person with whom you share a room. You may not gather with more than one other person when outside your room or your house.

Q: May I go to my volunteer position?
A: Persons who are not subject to Stay-at-Home orders may continue to volunteer as long as you are alone or with one other person only, and not interacting with other people. You may continue to work as long as you are not under the Stay-at-Home orders.

Q: May I attend a worship service or life rites ceremonies?
A: Individuals between the ages of 18 and 22 years are strongly encouraged to attend services virtually, but may attend life-rite ceremonies provided that they social distance, wear masks, etc. according to the state requirements.

FAQs for Businesses & Employers

Q: May my employee who is between age 18 and 22 come to work?
A: Yes. Employees of any business, government, nonprofit, or not-for-profit who are between the ages of 18 and 22 may still perform work so long as they are not a resident of the list of properties subject to stay at home orders.

Q: Do I need to separate out my employee between the age of 18 to 22 from other employees to prevent a prohibited gathering?
A: No; employees while at work are exempt from the prohibition on gatherings while they are performing work for their employer. Please follow all requirements for employees as applicable to your business , including wearing a face covering and maintaining social distancing.

Q: Do I need to ask for IDs for everyone coming into my business?
A: The order does not require businesses to ask for identification to confirm the age of anyone coming into their business. Businesses should take appropriate measures to discourage gatherings of 18 to 22 year-olds in their business. It is imperative that we slow and contain the spread of COVID-19 both among the 18 to 22 year-old population and to prevent the spread from increasing in the greater community. If we are unable to slow or contain the spread, additional orders may be necessary or we may all lose our status on the state dial and have to revert to Level 3 Safer at Home or even Stay at Home status.

Q: Do I have to refuse or deny service to someone between the age of 18 and 22?
A: The order does not require a business to refuse or deny service. Businesses should post signs indicating that 18-22 year-olds should be alone or in groups of 6 or less, if entering the business, should not encourage gatherings of 18-22 year-olds, and, if appropriate, discourage gatherings of 18-22 year-olds. Businesses may report violations to non-emergency dispatch ONLY if a gathering is currently IN PROGRESS at 303-441-3333. If we are unable to slow or contain the spread, additional orders may be necessary or we may lose our status on the state dial and may have to revert to Level 3 Safer at Home or even Stay at home status.

Q: There is a group of 18 to 22 year olds gathering in my business. Where do I report violations?
A: Businesses and members of the public may report violations to non-emergency dispatch ONLY if a gathering is currently IN PROGRESS at 303-441-3333

Public Health Guidance for Students Traveling Home

All students are strongly encouraged to remain in Boulder in their local residence during the two-week remote learning and the Public Health Order period to prevent unintended spread of the virus to other communities.

Students who are in isolation are not allowed to leave, in accordance with Boulder County Public Health Order 2020-07. Those who wish to do so must have prior approval by Boulder County Public Health or CU Boulder public health office. The CU Boulder public health office can also be reached at 303-735-0017.

Students who wish to move home during this time should get tested for COVID-19, and have a negative result before moving in order to help prevent spread of the virus to other communities. Students should complete the test two to three days before departure. There are multiple ways to get tested for free if you are asymptomatic.

• On-campus students can get tested at one of our on-campus monitoring sites to see if there is a need for a diagnostic test.
• Both on- and off-campus students can visit the county’s free walk-up or drive-through clinics. The drive-through site through Oct. 18, though could be extended based on positivity rates in the county.
• Students who are symptomatic should contact the Public Health Clinic at Wardenburg.

Students who want to return to campus after being at home must contact their health care provider for testing if they are experiencing any COVID symptoms. For students who are not experiencing symptoms, we encourage them to get tested and receive a negative test result 24-48 hours prior to returning to campus.

Students who want to return home temporarily or permanently during this time must follow this guidance:

• Students who live within a five-hour drive of campus may go home in their own vehicles, but cannot stop for gas or stay at a hotel.
• Students should think through the risks of traveling home and ensure that the people they’ll be living with agree to allow them to stay.
• Public or shared transportation, including air travel, is not allowed for students in isolation, quarantine or who have been identified through contact tracing as a close contact of a COVID-positive individual.
• Students who live at specific addresses identified in Boulder County Public Health Order 2020-07 face additional restrictions on returning home that are outlined in the order, and must contact the CU Boulder public health office before leaving at 303-735-0017 or contacttracing@colorado.edu.
  • Students may return to a property under Stay at Home orders after staying at an alternate location as long as they continue to adhere to the Stay at Home order as long as required, and they have completed the required isolation period if they have been ill.

Additional information is available on the CU Website

Definitions

CU Campus: any and all real property owned or occupied by CU Boulder.

CU Student: any person that is enrolled as a student at CU Boulder in any capacity, irrespective of level of enrollment (i.e. amount of course hours, part-time, full-time), as of the date of issuance of this Order.

Essential Activities:

• To seek medical care, including COVID-19 testing.
• To obtain necessary supplies using curbside pickup or contactless delivery. Necessary supplies include food, pet supply, medical supplies, other household consumer products, and products or equipment necessary to maintain the safety, sanitation, and essential operation of a residence. Dining outside of the residence, whether at a business or another residence, is strictly prohibited.
• To engage in outdoor exercise alone, and at least six feet distance from all other persons at all times.
• Activities necessary to cast a ballot in the fall 2020 election. (vote by mail is strongly encouraged)

Essential Travel: Travel to perform Essential Activities or move to an alternative location within a 5-hour drive (without stopping)

Essential Visitor: visitors providing licensed medical care, house directors, housekeeping, cooking service providers, and CU Boulder dormitory employees

Face Covering: a covering made of cloth, fabric, or other soft or permeable material, without holes, that covers only the nose and mouth and surrounding areas of the lower face. Mesh, netting, or similarly porous material does not meet the requirements or definition of a Face Covering. A Face Covering may be factory-made or may be handmade and improvised by using ordinary household materials. The Face Covering should fit snugly but comfortably against the side of the face; allow for breathing without restriction; and either be constructed of disposable mask materials or include multiple layers of fabric that can be laundered and machine-dried without damage or change to shape. Face Coverings must cover the nose and mouth at all times and should remain in place until taken off safely. If a worker’s Face Covering moves during work, it must be replaced with one that does not need to be frequently adjusted in order to reduce touching of the face. A Face Covering should be replaced when it becomes dirty, wet, and/or difficult to breathe through. Note that any mask that incorporates a one-way valve (typically a raised plastic cylinder about the size of a quarter on the front or side of the mask) that is designed to facilitate easy exhaling is not a Face Covering under this Order and is not to be used to comply with this Order’s requirements. Valves of that type permit droplet release from the mask and can put others nearby at risk. A video showing how to make a Face Covering and additional information about how to select, wear, and clean Face Coverings may be found on the CDC’s website.

Gathering: more than one individual coming together or being physically near each other for any shared and common purpose, including socializing or participating in any activity together including but not limited to shopping, dining, or exercising. A gathering does not include employees of any business while performing work for that business or any classroom learning activity explicitly permitted by the University of Colorado. Members of the same household while in their shared household space (e.g. a dorm room) together are not considered a gathering.

Household: the residential unit where an individual resides.

• One household: Single family house, apartment, or similar housing occupied by 4 or fewer unrelated people
• Multiple households within one house: On-campus residence halls (dormitories) and off-campus congregate housing (e.g. sorority and fraternity houses) with more than 4 unrelated occupants will likely have multiple households (roommates).

Stay-at-Home Resident: a person who resides at an identified property.

Social Distancing:

• Maintaining at least six-foot social distancing from other individuals
• Washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer when hand-sinks are not available
• Covering coughs or sneezes (into the sleeve or elbow, not hands)
• Regularly cleaning high-touch surfaces
• Not shaking hands

Identified Stay-At-Home Properties

The Collegiate Group Homes Order applies to the following addresses in Boulder. Addresses without a status have not yet submitted a plan. Updated Oct. 13.

Report a concern about someone not following the Public Health Order

• Contact Boulder non-emergency dispatch ONLY if a gathering is currently IN PROGRESS at 303-441-3333
• CU students can submit a Code of Conduct Incident Report
  • CU tips on having a conversation with someone not in compliance
• Complete the Public Health Concern Form (in English or Spanish)

Authority

Boulder County Public Health is very aware of the fact that the order affects the liberties we enjoy as U.S. residents and has a greater impact on some groups more than others. Even so, the order falls within the BCPH’s legal authority to address the current public health crisis and comports with applicable constitutional requirements.

Colo. Rev. Stat. § 25-1-506(3)(b) authorizes BCPH to take action and issue notices and orders to control the spread of communicable diseases such as COVID-19. This authority includes the establishment, maintenance, and enforcement of isolation and quarantine as BCPH finds necessary to protect public health and to prevent further spread of diseases. This authority also includes the ability to investigate and abate nuisances when necessary in order to eliminate sources of epidemic or communicable diseases and conditions affecting the public health, and to investigate and control the causes of epidemic or communicable diseases and conditions affecting public health.

Individuals have a right to request judicial review of the Order by filing an action with Boulder County District Court pursuant to Colo. Rev. Stat. §25-1-515.

NOTE: many laws differentiate people based on age, and this is permissible as long as there is a rational basis. For example, individuals under age 16 cannot drive in Colorado; individuals under age 21 cannot purchase alcohol or marijuana. Individuals under age 25 cannot run for congress. Government access to benefits may also be based on age.

Penalty

• A violation of a Public Health Order is a misdemeanor subject to criminal and civil penalties and fines. In addition, a violation of this Order is a violation of Boulder Municipal Court, and you will receive a summons to appear. Penalties include up to ninety days in Jail and a $1,000 fine.
• CU Students will also be reported to CU for potential discipline under the Student Code of Conduct process. CU Discipline can include exclusion from campus, suspension, and, in the worst cases, expulsion.