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.
Michael J. Willis J.D., C.P.A.
Shaun P. Willis J.D.
Frank D. Willis J.D.
Donald H. Smith
Mariko C. Willis
Samuel R. Gilbertson J.D.
Verelle Kirkwood J.D.
Kristyn Meylenberg J.D.