Virginia Community Associations and Updated EO67/Phase 3 Guidelines

(Updated August 24, 2020)

Effective August 21, 2020, the Virginia Governor determined it was necessary to modify certain targeted Phase 3 business restrictions and issued an amended version of Executive Order 67 (previously issued on June 30, 2020) and a corresponding amended version of the Phase 3 Guidelines.

The full text of Amended Executive Order 67 can be found here. https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/eo/Amended-EO-67--Order-of-Public-Health-Emergency-Seven.pdf.

The full text of the amended (as of 08/21/2020) Phase 3 Guidelines can be found here. https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/Forward-Virginia-Phase-Three-Guidelines---8-21-2020.pdf

Amendments to EO-67

Relevant changes to the Amended Executive Order 67 include the following:

Water Slides and Hand Sanitizer. For association Fitness and Exercise Facilities, water slides are not required to be closed, but note that patrons must maintain 10 feet distancing while waiting in line for water slides.  Moreover, in all fitness and exercise facilities and campgrounds, associations are now required to “promote frequent and thorough hand washing, including by providing employees, customers, visitors, the general public, and other persons entering into the place of employment with a place to wash their hands. If soap and running water are not immediately available, provide hand sanitizers.”

Family Members.  Amended Executive Order 67 has also added further guidance by defining “Family members” to include “blood relations, adopted, step, and foster relations, as well as all individuals residing in the same household or visiting such household pursuant to a child custody arrangement or order. Family members are not required to maintain physical distancing while in their homes.”

Amendments to Phase 3 Guidelines 

In addition to the changes and additions in Amended Executive Order 67, the Governor has made changes and additions to the Phase 3 Guidelines (8/21/2020), which include the following selected relevant changes:

(Please read entire Phase 3 Guidelines for all current best practices and mandatory requirements - numerous other requirements may apply to your association.)

Cleaning and Disinfecting changes - Relevant changes to the Best Practices of Enhanced Cleaning and Disinfecting include the following (changes in bold italics):

• Practice routine cleaning and disinfection. of high contact areas and hard surfaces, including check out stations and payment pads, store entrance push/pull pads, door knobs/handles, dining tables/chairs, light switches, handrails, restrooms, floors, and equipment Surfaces frequently touched by multiple people, such as door handles, desks, phones, light switches, and faucets, should be cleaned and disinfected at least daily. Follow CDC Reopening Guidance for Cleaning and Disinfection and use an EPA-approved disinfectant to clean. For high contact areas, routinely disinfect surfaces at least every 2 hours. Certain surfaces and objects in public spaces, such as shopping carts and point of sale keypads, should be cleaned and disinfected before each use.

• Provide a place for employees and customers to wash hands with soap and water, or provide alcohol-based hand sanitizers containing at least 60% alcohol. (See sector-specific guidelines for more detailed information.) Promote frequent and thorough hand washing, including by providing employees, customers, visitors, the general public, and other persons entering into the place of employment with a place to wash their hands. If soap and running water are not immediately available, provide hand sanitizers. Additional hand hygiene requirements for Virginia employees and employers can be found in the Department of Labor and Industry’s Emergency Temporary Standard. Further hand hygiene guidance can be found on the CDC website. A CDC training video is available here: https://www.cdc.gov/handwashing/videos.html.

• When developing staff schedules, implement additional short breaks to increase the frequency with which staff can wash hands with soap and water. Alternatively, consider providing alcohol-based hand sanitizers with at least 60% alcohol so that workers can frequently sanitize their hands.

• Provide best hygiene practices to employees on a regular basis, including practicing respiratory etiquette protocols. washing hands often with soap and water for at least 20 seconds and practicing respiratory etiquette protocols. A CDC training video is available here: https://www.cdc.gov/handwashing/videos.html.

Social Gathering changes - Relevant changes to the Best Practices for Social Gatherings include the following (changes in bold italics):

• Post signage at the entrance that states that no one with a fever or symptoms of COVID-19, if they have a positive diagnostic test for the virus that causes COVID-19, or known exposure to a COVID-19 case in the prior 14 days, is permitted in the establishment.

• Post signage at the entrance of all indoor areas stating that patrons must wear a cloth face covering in accordance with Executive Order 63.

• Reconfigure seating areas to allow six feet of physical distance between individuals by eliminating or closing select tables or seating areas, or by spreading them out to allow for adequate spacing.  Maintain ten feet of physical distance when attendees will be participating in activities that increase respiration, including exercising, swimming, cheering, or singing.

• Provide a place for staff and attendees to wash hands with soap and water, or provide alcohol-based hand sanitizers containing at least 60% alcohol. Promote frequent and thorough hand washing, including by providing employees, customers, visitors, the general public, and other persons entering into the place of employment with a place to wash their hands. If soap and running water are not immediately available, provide hand sanitizers. Additional hand hygiene requirements for Virginia employees and employers can be found in the Department of Labor and Industry’s Emergency Temporary Standard. Further hand hygiene guidance can be found on the CDC website. A CDC training video is available here: https://www.cdc.gov/handwashing/videos.html

• Where applicable, provide best hygiene practices to employees on a regular basis, including washing hands often with soap and water for at least 20 seconds and practicing respiratory etiquette protocols. A CDC training video is available here: https://www.cdc.gov/handwashing/videos.html. provide best hygiene practices to employees on a regular basis, including practicing respiratory etiquette protocols.

Fitness and Exercise Facilities. - Relevant changes to the Mandatory Requirements for Fitness and Exercise Facilities include the following (changes in bold italics):

• Post signage at the entrance that states that no one with a fever or symptoms of COVID-19, a positive diagnostic test for the virus that causes COVID-19 in the prior10 days, or known exposure to a COVID-19 case in the prior 14 days, is permitted in the establishment.

• Post signage at the entrance and at points of sale stating that patrons must wear a cloth face covering, except while exercising, in accordance with Executive Order 63.

• Promote frequent and thorough hand washing, including by providing employees, customers, visitors, the general public, and other persons entering into the place of employment with a place to wash their hands. If soap and running water are not immediately available, provide hand sanitizers. This is particularly important when patrons are using shared equipment that is not easily cleaned or disinfected between use (e.g. climbing rope, exercise bands). Additional hand hygiene requirements for Virginia employees and employers can be found in the Department of Labor and Industry’s Emergency Temporary Standard. Further hand hygiene guidance can be found on the CDC website. A CDC training video is available here: https://www.cdc.gov/handwashing/videos.html.

• Practice routine cleaning and disinfection. Surfaces frequently touched by multiple people, such as door handles, desks, phones, light switches, and faucets, should be cleaned and disinfected at least daily. More frequent cleaning and disinfection may be required based on level of use. Follow CDC Reopening Guidance for Cleaning and Disinfection and use an EPA-approved disinfectant to clean. Certain surfaces and objects in public spaces, such as exercise equipment, should be cleaned and disinfected before each use.

• Provide hand sanitizing stations, including at the entrance/exit and where shared fitness equipment is utilized.

• Employers must ensure cleaning and disinfection of shared equipment after each use.

• Facilities must prohibit the use of any equipment requiring more than one person to operate, unless those operating are from the same household (e.g., free weights when it requires a spotter). that cannot be thoroughly disinfected between uses (e.g., climbing rope, exercise bands, etc.). Facilities must also prohibit the use of equipment requiring more than one person to operate, unless those operating are from the same household (e.g., free weights when it requires a spotter).

• Hot tubs, spas, saunas, splash pads, spray pools, and interactive play features, except water slides, must be closed. Swimming pools may operate in accordance with the Guidelines for Swimming Pools below.

• Facilities that operate water slides must ensure physical distancing of at least 10 feet between patrons who are not members of the same household while waiting in line to use the slide.

Swimming Pools.  Relevant changes to the Mandatory Requirements for Swimming Pools include the following (changes in bold italics):

• Post signage at the entrance that states that no one with a fever or symptoms of COVID-19, a positive diagnostic test for the virus that causes COVID-19 in the prior 10 days, or known exposure to a COVID-19 case in the prior 14 days, is permitted in the establishment.

• Hot tubs, spas, saunas, splash pads, spray pools, and interactive play features, except water slides, must be closed.

• Facilities that operate water slides must ensure physical distancing of at least 10 feet between patrons who are not members of the same household while waiting in line to use the slide.

• All seating (including lifeguard stations) must be cleaned and disinfected between uses.

• Promote frequent and thorough hand washing, including by providing employees, customers, visitors, the general public, and other persons entering into the place of employment with a place to wash their hands. This is particularly important when patrons are using shared equipment that is not easily cleaned or disinfected between use (e.g. slide ladders, climbing rope, exercise bands). If soap and running water are not immediately available, provide hand sanitizers. Additional hand hygiene requirements for Virginia employees and employers can be found in the Department of Labor and Industry’s Emergency Temporary Standard. Further hand hygiene guidance can be found on the CDC website. A CDC training video is available here: https://www.cdc.gov/handwashing/videos.html. Provide hand sanitizing stations, including at the entrance/exit and where shared equipment is utilized. 

The above are selected relevant changes to the Governor’s Executive Orders and Phase 3 Guidelines.  We strongly encourage you to read fully the Amended Executive Order 67 and the amended Phase 3 Guidelines (8/21/2020).

Eastern Region Associations: For those associations located in the Eastern Region of the Commonwealth (the cities of Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Hampton, Williamsburg, Newport News, Poquoson, James City County, and York County), note that the Governor has imposed additional restrictions for your localities due to the recent concerning trends in the public health metrics.  The Governor issued Amended Executive Order 68, pertaining the Eastern Region of the Commonwealth, a link to which can be found here. https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-68-AMENDED-and-Order-of-Public-Health-Emergency-Eight---Additional-Restrictions-on-the-Eastern-Region-due-to-Novel-Coronavirus-(COVID-19).pdf

While Amended Executive Order 67 and the amended Phase 3 Guidelines (8/21/2020) still apply to the Eastern Region, Amended Executive Order 68 maintains one primary restriction for those associations in the Eastern Region: that gatherings still cannot exceed 50 people.

EO-63 – Face Coverings.  For information regarding face covering requirements, click on the link here.  Our summary is here.

Federal, state and local responses to COVID-19 are changing quickly. We encourage associations to monitor relevant government websites and this website for further updates.

Legal Disclaimer: This information is not intended to be legal advice. Legal advice must be tailored to the specific facts and circumstances of each case and each association’s governing documents. Also, it is not intended to be a full and exhaustive explanation of all legal considerations, nor should it be used to replace the individualized advice of your legal counsel.