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.

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