Proposed Guidance to Builders and Contractors

Executive Order: 2020-21

A person who WILLFULLY disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to this section is guilty of a misdemeanor.

Based on this Order, Builders can continue:

• Projects necessary to maintain the safety, sanitation, and essential operations of a residence during the emergency including the following:
  • In the middle of building a home and need to put the roof on to protect the structure from collapse (safety)
  • In the middle of remodel and the homeowners require the use of their restroom, so you finish the restroom (sanitation)
  • A home is 95% built and homeowners are moving in and it is necessary to finish the electric (essential)
  • Failure of a furnace, A/C, well pump, boiler, hot water heater, all can be repaired/replaced (essential, sanitary, safety)
  • Can button up a site for safety and security to comply with the order, this is the minimum basic operations
  • Can take minimum and temporary measures for security and weatherization: windows on site and need to dry in the house to protect from weather, putting on the exterior doors for security, putting on a roof to ensure the stability of the structure and preserve the current condition

Because residential building is not “essential” Builders cannot:

• Start a spec house because they planned to do so this week
• Resume normal excavation for projects
• Resume building custom homes
• Non-emergency maintenance or improvements to residence is not permitted

Builders can also:

• Support critical infrastructure essential workers
• Assist in framing/building a wing on a hospital
• Assist in road construction and maintenance
• Assist in supporting essential workers in agriculture, manufacturing, health industries (so if finishing a pole barn for a farmer to store necessary crop producing equipment, that would comport with the order)

Can I Lose My License If I Violate The Order?

Possibly, depending on how egregious the violation is. If you have 6 workers on a spec home in the middle of a busy neighborhood, and someone reports you, you may be subject to the criminal misdemeanor and $1000 fine from the State Health Department. You could be referred by enforcement to the state licensing agency as well who could apply a penalty to your license.

Please schedule a free initial consultation with a member of our team today by calling (888) 461-7744 or by contacting us online.