Public Health Stay at Home Order for COVID-19

Essential Businesses

For the purposes of this Order, covered businesses include any for-profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure.

1. Healthcare Operations and Essential Infrastructure, and Essential Governmental Functions
2. Grocery stores, farmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, licensed liquor stores, licensed marijuana dispensaries (both medical and recreational), and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other non-grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences.
3. Food and plant cultivation, including farming, livestock, and fishing
4. Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals
5. Newspapers, television, radio, and other media services
6. Gas stations and auto supply, auto repair, and related facilities, bicycle supply, bicycle repair
7. Banks and other financial institutions
8. Hardware stores
9. Licensed gun and ammunition retailers
10. Plumbers, electricians, exterminators, and other service providers, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Healthcare Operations, Essential Infrastructure, Essential Government Functions, and Essential Businesses
11. Businesses providing mailing and shipping services, including post office boxes
12. Educational institutions for purposes of facilitating distance learning or performing essential functions, provided social distancing is maintained
13. Laundromats, dry cleaners, and laundry service providers
14. Restaurants and other facilities that prepare and serve food, only for delivery, take out or drive thru.
    • Schools and other entities that typically provide free food services to students or members of the public may continue to do so if the food is provided on a pick-up and take-away basis only
    • Restaurants and other facilities that prepare and serve food or beverages at airports may provide on-site dining, but must comply with Social Distancing Requirements
15. Businesses that supply products needed for people to work and learn from home, including technology suppliers providing hardware or software essential for communication or connectedness
16. Businesses that supply other essential businesses with the support or supplies necessary to operate
17. Businesses that ship or deliver groceries, food, goods or services directly to residences
18. Airlines, taxis, other private transportation providers, and transportation support providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order
19. Home-based care for seniors, adults, or children. Nanny and babysitting services are not be permitted unless the nanny or babysitter resides in the home of the person they provide care for, provides medical care, or is providing care to allow parents or guardians to work
20. Residential facilities and shelters for seniors, adults, and children, including hotels, motels, and short-term rentals
21. Professional services, such as legal, insurance, title companies, accounting services, or real estate appraisals and transactions
22. Indoor/outdoor malls that must remain open to allow operation of and access to Essential Businesses
23. Faith-based establishments and houses of worship, including but not limited to, churches, synagogues, chapels, and mosques. However, these institutions are allowed no more than 10 persons at a time and must maintain the Social Distancing requirements
24. Childcare facilities that provide services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities must operate under the following mandatory conditions:
    • Childcare must be carried out in stable groups of 10 or fewer
    • Children shall not change from one group to another
    • If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other.
    • Childcare providers shall remain solely with one group of children.
25. Businesses identified as essential critical infrastructure workforce by the federal government and/or the department of homeland security
26. Mortuaries

Retail stores that are considered Essential Businesses should:

1. Take all available practical measures to establish and post separate hours of operation for vulnerable populations
2. Sell only essential products (i.e. food, pharmaceutical and health care products, cleaning products, personal care products)
3. Make products to disinfect shopping carts (i.e. disinfectant wipes) easily available
4. Disinfect high-touch surfaces like door handles, electronic payment readers, and check-out counters hourly

Essential Activities

Individuals may leave their residence only to perform any of the following Essential Activities. Anyone at high risk of severe illness from COVID-19 and people who are sick are urged to stay in their residence except as necessary to seek medical care. Essential Activities include:

1. Activities essential to health and safety of the family or household members (including, but not limited to, pets), including getting medical supplies or medication, visiting a health care professional, or obtaining supplies needed to work from home.
2. Obtaining necessary services or supplies for yourself and household members, or to deliver those services or supplies to others. This includes food, pet supplies, and products necessary to maintain the safety, sanitation, and essential operation of a residence.
3. Engaging in outdoor activity individually or in in groups of no more than four, as long as Social Distancing Requirements are adhered to, including walking, hiking, biking, or running. Boulder County parks will remain open to the public but all playgrounds, golf courses, tennis courts, basketball courts, picnic areas, and other similar areas conducive to public gathering shall be closed. Any outdoor activities that violate the Social Distancing Requirements are not permitted.
4. Performing work providing essential products and services at the site of an Essential Business.
5. To care for a family member or pet in another household.
6. To relocate a household from one residence to another.

Essential Travel

Essential Travel includes travel for any of the following purposes. Individuals must comply with all Social Distancing Requirements. Essential travel includes:

1. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses, or Minimum Basic Operations
2. Travel to care for older adults, minors, dependents, persons with disabilities, or other vulnerable persons
3. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services
4. Travel to return to a place of residence from outside the jurisdiction
5. Travel required by law enforcement or court order
6. Travel required for non-residents to return to their place of residence outside Boulder County
7. Travel necessary for child custody or visitation purposes is permitted as Essential Travel. Where a court order is in place, the travel is permitted as required by court order. Where a court order does not exist, such travel may be characterized as travel to care for minors.

Healthcare Operations

This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare. Individuals may leave their residence to work for or obtain services from:

1. Hospitals, clinics, and walk-in health facilities
2. Medical and dental care, including dentists and ambulatory providers
3. Research and laboratory services
4. Medical wholesale and distribution
5. Home health care companies, workers, and aides
6. Pharmacies
7. Pharmaceutical and biotechnology companies
8. Behavioral health care providers
9. Nursing homes, residential health care, or congregate care facilities
10. Medical supplies and equipment manufacturers and providers, or any related and/or ancillary healthcare services
11. Veterinary care, livestock services, and all healthcare services provided to animals
12. Animal shelters and pet boarding services

“Healthcare Operations” does not include health clubs, fitness and exercise gyms, and similar facilities.

Essential Infrastructure

Individuals may leave their residence to provide any services or perform any work necessary to the operations and maintenance of Essential Infrastructure, including:

1. Utilities, including power generation, fuel supply, and transmission
2. Water, sewer, gas, and electrical services
3. Public works construction
4. Construction operations and projects, including commercial and residential construction, renovation or restoration construction services.
5. Construction necessary to support or maintain the operation of any Essential Business operations or Essential Government Functions
6. Skilled trades such as electricians and plumbers
7. Other related firms and professionals who provide services necessary to maintain the safety, sanitation, and essential operation of residences
8. Airport operations, including passenger and cargo operations and services
9. Oil refining, oil and gas operations
10. Roads and highways
11. Public transportation
12. Solid waste collection and removal, including recycling and composting
13. Internet, cable, and telecommunications systems
14. Aerospace operations

Essential Governmental Functions

Individuals may leave their residence to provide operate, and support Essential Governmental Functions, including:

1. Public safety personnel
2. Law enforcement
3. Human Services
4. Fire prevention and response
5. Building code enforcement
6. Security personnel
7. Emergency management and response
8. Emergency dispatchers
9. Court personnel
10. Military personnel
11. Colorado State Legislature
12. Colorado state, county, and municipal courts
13. City Councils and Boards of County Commissioners
14. City and County Attorneys Office, District Attorneys Office
15. Other governmental councils, boards, commissions, and quasi-judicial proceedings
16. Public health personnel including state and local public health agencies, Boards of Health, and its contractors and legal counsel

All Essential Governmental Functions must be performed in compliance with Social Distancing Requirements

Minimum Basic Operations

Minimum Basic Operations include the following activities as long as employees and volunteers comply with Social Distancing Requirements while carrying out operations. Minimum basic operations is defined as the minimum necessary activities to:

1. Maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions
2. Facilitate employees and volunteers of the business being able to continue to work remotely from their residences
3. Facilitate employees and volunteers of the business being able to continue filling online product orders and to process customer orders remotely

Boulder County Public Health does not have an “enforcement arm” and relies on local law enforcement agencies to provide education and, if needed, institute a criminal process for individuals or businesses violating a public health order.

We sincerely hope that circumstances never arise such that we must request law enforcement assistance to enforce a civil restraining order but, we would make such a request where a violation poses a threat to public health that necessitates immediate action to end the violation.

In addition to civil remedies, Colorado public health laws also designate willful violations of public health orders as class 1 misdemeanors punishable by a fine up to $5,000, 18 months in prison, or both. C.R.S. § 25-1-516; C.R.S. § 18-1.3-501. It is our hope to only request law enforcement assistance with criminal enforcement of public health orders where education and the civil court process have proven unsuccessful in stopping the violation.