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CLARK BARS UPDATE - MAY 29th 2020

Clark & Walker, P.C. - Attorneys at Law
Date: May 29, 2020

Covid-19 Update: Governor's May 28th Guidance

Dear Clients:

We understand that the below information is lengthy, but we strongly recommend you read it thoroughly. **Please note that there are no updated timelines on evictions. The following guidelines apply to reopening the common areas, if you feel you can safely do so.

General Guidelines
• All employees who interact with the public must wear face coverings to the extent possible and ensure social distancing and sanitation guidelines are followed. • Be aware of changes to employee/staff health
• If social distancing cannot be enforced in an area, the area should remain closed
• Encourage residents to wear face coverings in common areas (not while in the pools)
• Landlords are strongly encouraged to:
-- Sanitize commonly-touched surfaces frequently
-- Establish separate operating hours for vulnerable populations (65+, serious illnesses, pregnant women)
-- Post signs around the property advising of appropriate social distancing
-- Provide soap and running water or alcohol-based hand rubs with at least 60% alcohol in all common areas
• All common areas shall be limited to 50% of the listed fire code capacity for the area

Gyms/Fitness Centers
Gyms/fitness facilities may reopen IF:
• Landlords are able to do so without violating social distancing guidelines


• Maximum occupancy at any one time should not exceed 50% of the fire code capacity
• Landlords provide soap and running water or alcohol-based hand rubs with at least 60% alcohol
• Landlords ensure that persons using the equipment maintain a minimum of 6 feet apart (by moving or turning off the machines)
• Locker rooms, showers, saunas, etc. must remain closed, but bathrooms should remain open

Pools/Hot Tubs
Swimming pools may re-open IF:
• Hot tubs remain closed
• Capacity is limited to 50% of the fire code capacity
• Swimmers maintain 6 feet distance, unless living in the same residence
• Swimmers bring their own towels and minimize time spent as a courtesy to others
• Restrooms and showers remain open and landlords limit the number of users at one time
• Lockers/locker rooms remain closed
• Deck furniture is spaced at least 6 feet apart, unless users live in the same residence

Local Empowerment Advisory Panel (LEAP) Recommendations
There appears to be some minor contradictions between the Governor’s Directive and the LEAP guidelines he stated Landlords should follow. All landlords should at least follow the above guidelines, but LEAP and the CDC have suggested also:

In Pools:
• Remove all lounge chairs
• No face coverings worn in the water
• Require reservations or limits on time spent in the pool area
• Designate 6 feet of spacing for residents by lane lines in the pool and/or using tape and visual cues on the ground

Closed Areas:
• Deep disinfection of all commonly-touched surfaces at least daily, preferably after each work shift
• Limit use of fans and have fans blow away from people
• Enable natural ventilation
• Administer health questionnaires for symptoms upon entry
• Designate a COVID-19 Point of Contact for people to contact with their concerns

***Printable Resources/Signage from the CDC can be found by clicking on this link.

**The Governor states that Phase 2 should last approximately 2-3 weeks, and then there may be another 2-3 weeks until we reach the final phase, Phase 4. We anticipate that the moratorium may last until the Recovery Plan is complete, approximately 4-6 weeks from now (end of June-mid July).





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© Clark & Walker, P.C. - All rights reserved.