Reopen Connecticut Phase Two: Sector Rules for June 17 Reopening

Update: Effective July 3, 2020, the limit on private outdoor gatherings remains capped at 100 people, however, the rules permit gatherings up to 150 people as a one-time exception for graduations. Outdoor organized gatherings (e.g., fireworks, concerts in municipal parks, etc.) are capped at 500 people, so long as there is at least 15 feet of space between the blankets of attendees.  The event coordinator is responsible for compliance.  For outdoor event venues (e.g., amphitheaters, race tracks, etc.) attendance is capped at 25 percent of max fire capacity, and venues and their attendees must comply with social distancing protocols. 

Update: Effective June 17, 2020, the governor of Connecticut increased the limits on social gatherings to up to 25 people allowed indoors and up to 100 people outdoors.

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On June 7, 2020, Connecticut Governor Ned Lamont and the Department of Economic and Community Development (DECD) released guidelines for businesses allowed to reopen during Phase 2 of the state’s reopening plan. As of June 17, 2020, additional business sectors will be permitted – but not required – to reopen as part of Phase 2, provided they comply with the new guidelines. Additionally, some sectors – including zoos, museums and restaurants – may operate at greater capacity and with fewer restrictions than in Phase 1.

The Phase 2 guidelines, much like the Phase 1 guidelines, include general instructions applicable to all businesses allowed to reopen in Phase 2.  They also include industry-specific guidelines addressing health and safety concerns in specific business sectors. No business is required to reopen; the guidelines set a minimum baseline of precautions that must be taken if a business chooses to reopen in Phase 2.

Reopening Businesses

Phase 2 permits the following businesses in Connecticut to reopen:

  • Amusement parks
  • Hotels
  • Indoor dining
  • Indoor museums, zoos, and aquariums
  • Indoor recreation (e.g., bowling, movie theaters, etc.)
  • Libraries
  • Outdoor events
  • Personal services (e.g., nail salons, tattoo parlors, etc.)
  • Sports and fitness facilities (e.g., gyms, fitness centers, pools, etc.)

As previously discussed, the following businesses were permitted to reopen on May 20 as part of Phase 1:

  • Offices
  • Restaurants (outdoor seating only)
  • Museums and Zoos (outdoor only)
  • Retail and Malls

Additionally, hair salons and barbershops were permitted to operate as of June 1, as part of a modified Phase 1.

General Reopening Processes

Prior to reopening, any eligible business must complete a self-certification that is available through the DECD website. Once certified, businesses will receive a “Reopen CT” badge, which can be posted on site and online to advertise compliance with the state’s reopening rules.   

In addition to obtaining certification from the state, any business seeking to reopen as part of Phase 2 must comply with strict health and safety guidelines and appoint a program administrator responsible for implementing the guidelines. The appropriate person for this task will depend on the specific industry. While a comprehensive explanation of these guidelines is available through recent state-issued publications, the key issues addressed by the general guidelines for Phase 2 mirror those for Phase 1.

The general guidelines provide the following non-exhaustive list of requirements:

  • Personal protection equipment (PPE) for employees, provided at no cost to the employee.
  • A cleaning plan with checklists that incorporate the reopening rules.
  • Training programs to ensure all workers (including subcontractors) are aware of the details of the state’s reopening guidelines and cleaning requirements.
  • Adjustment of the physical space in the business to encourage social distancing, avoid unnecessary physical contact or the use of shared items, increase ventilation where possible.
  • Educate visitors regarding the rules under which the business is operating as part of Phase 2.
  • Maintain a log of employees working on the premises to assist in contact tracing.
  • Daily health checks where the employer asks employees resuming on-premises work to confirm they have not experienced COVID-19 symptoms.
  • Providing employees with access to information concerning their rights under the newly established Families First Coronavirus Response Act (FFCRA).
  • No retaliation against employees who raise safety or health concerns regarding COVID-19.

Industry-Specific Guidelines

Beyond the general guidelines referenced above, industry-specific guidance includes additional requirements with which businesses permitted to re-open must comply. Below are summaries of some of the requirements placed on each industry.

Amusement Parks

Amusement parks may reopen their outdoor facilities at up to 25% capacity, but must comply with a number of rules, including:

  • Calculating the maximum safe occupancy for each ride area or room to allow for social distancing between groups and to comply with state social gathering size guidance.
  • Utilizing signage, floor markings, and enhanced presence of attendants and other personnel to enforce the determined safe occupancy rate.
  • Rearranging ride queues where possible to prevent patrons waiting in line from having to pass others face-to-face within six feet.
  • Completing a thorough cleaning of the entire facility prior to reopening, including but not limited to rides and high-traffic areas such as ticket counters and restrooms.
  • Closing all self-serve stations and reusable/refillable cup programs until further notice.

The full set of guidelines for amusement parks is found here.

Hotels

To reopen, hotels must:

  • Complete a thorough cleaning of the facility prior to reopening, including but not limited to entrances/lobbies, hallways, elevators, door handles/door knobs, bathrooms, kitchens and shared equipment.
  • Limit visitors and service providers on site, and prohibit employees from entering guest rooms while guests are present.
  • Provide room service deliveries by bagging the delivery and leaving it at the door of the guest’s room.  Disposable dishes and cutlery should be provided and room service carts should be cleaned before and after every use.
  • Remove non-essential amenities such as water dispensers, coffee, mini bars, and ice machines. Provide disposable amenities where possible, such as plastic cups, single-use shampoo/conditioner containers, tissue boxes, etc.
  • Rearrange common areas to account for social distancing and clean frequently. If possible, install partitions where a six-foot distance cannot be maintained, such as at the front desk. Utilize signage, floor markings, and announcement systems to encourage social distancing.

The full set of guidelines for hotels is found here. Hotel pools and gyms must also follow the Sector Rules for Fitness Centers and Pools, summarized below and available here.

Indoor dining

Restaurants with indoor dining may open at 50% occupancy, provided they comply with the state-issued guidance, which largely mirrors the Phase 1 guidance for restaurants with outdoor seating. Outdoor dining is still encouraged as long as the restaurant does not exceed its regular operating capacity and physical distancing can be maintained. Additionally, if a restaurant established extra outdoor dining in Phase 1, that additional capacity may remain in Phase 2 if the municipality continues to approve it. The requirements and restrictions placed on restaurants with indoor seating include:

  • The use of no-touch or disposable options for menus, such as smartphone apps, whiteboards or chalkboards. If no-touch or disposable options are not commercially possible, businesses must sanitize menus between uses.
  • Arrange seating areas to maintain at least six feet of empty space between customer groups. Restaurants may seat customer groups less than six feet apart if non-porous barriers such as Plexiglas or wood that extend 30 inches above table height are installed between tables/booths.
  • Buffet and self-service stations must be closed and servers are expected to be divided into discrete work zones. Bar seating is permitted provided parties are physically seated at bars at least six feet apart and either:
    • There are no active work areas or working staff behind the bar; or
    • There is a physical barrier (e.g. Plexiglas) separating customers from the bar space
  • Indoor waiting areas must be closed and social distancing markers and signage should be used throughout the building. Non-essential amenities such as dance floors, pool tables, games, etc., must be closed or removed. Tables and chairs must be disinfected after each use.
  • Servers must wear face coverings and latex-free gloves, and in the kitchen, workstations are to be rearranged so that food workers do not face one another and are six feet apart where possible.

The full set of guidelines for indoor dining is found here.

Indoor museums, zoos, and aquariums

Under Phase 1 of the reopening, effective May 20, museums, zoos and aquariums were permitted to reopen outdoor exhibits. Effective June 17, they may open both outdoor and indoor exhibits at 50% capacity by calculating a maximum occupancy that is consistent with social distancing guidelines or 50% of fire code capacity, whichever is lower. They must also:

  • Leverage signage, floor markings, and enhanced presence of attendants and other personnel to enforce the calculated maximum occupancy rate.
  • Post clear signage that reinforces new policies such as:
    • Maximum occupancy of each exhibit area/room
    • Social distancing protocols
    • Cleaning and disinfection protocols
    • Personal protection protocols (face masks, gloves) for visitors and employees
    • Employees shall stay home if sick/experiencing symptoms
    • Customers shall not enter if they are experiencing symptoms
  • Install visual social distancing markers to encourage customers to remain six feet apart.
  • Require customers to bring and wear masks or cloth face coverings that completely cover the nose and mouth unless doing so would be contrary to his/her/their health or safety due to a medical condition.
  • Complete a thorough cleaning of the facility prior to reopening, including but not limited to backroom common areas, high traffic areas such as ticket counters, portions of exhibits that are below eye-level, handrails, elevators, restrooms, etc.
  • Develop a detailed plan in case any attendee self-identifies and/or becomes ill with symptoms consistent with COVID-19 during the visit. The plan should include a designated isolation area and align with the local municipality’s COVID-19 health protocols.

The full set of guidelines for zoos, museums and aquariums is found here.

Indoor recreation (e.g. bowling, movie theaters, etc.)

Indoor recreation facilities are permitted to reopen at up to 50% capacity, but should limit customers to the number of customers that can be appropriately supervised by staff to ensure continuous compliance with rules for mask wearing, social distancing, and cleaning/disinfecting of equipment and common areas. Businesses for which no maximum capacity is on record may determine maximum Phase 2 capacity as 1 person (including employees) per 150 square feet. In addition, indoor recreation facilities must:

  • Install visual social distancing markers to encourage customers to remain six feet apart.
  • Rearrange space to maintain at least six feet of distance between individual customers or groups of customers for group activities.
  • Close indoor waiting areas and use partitions between employees, or between employees and customers where a six-foot distance cannot be maintained, where possible (e.g., check-in counters).
  • Complete a thorough cleaning of the facility prior to reopening and increase time between showings or groups of customers to allow for more thorough cleaning of recreation areas (e.g., movie theater seats, craft studio tables).
  • Remove all self-serve items on the premises and have staff provide such items to patrons directly.
  • Require customers to use only one piece of equipment during their visit.
  • Clean equipment in between customer use. If cleaning or disinfecting equipment is not possible, used equipment should be “quarantined” for 48 hours.
  • For facilities with central ventilation systems, increase ventilation rates and increase the percentage of outdoor air that circulates into the system where possible.

The full set of guidelines for indoor recreation facilities is found here.

Libraries

Libraries may reopen at up to 50% capacity, but must:

  • Calculate and enforce a maximum occupancy that is consistent with social distancing guidelines or 50% of library's fire code capacity, whichever is lower.
  • Consider ways to maintain social distancing in aisles between stacks, including posting signage to direct traffic patterns, limiting the number of patrons allowed in stack areas, or providing access to materials by staff retrieval. Block off every other or utilize every third computer terminal to ensure six feet of social distancing.
  • Install physical barriers around the circulation desk. Consider encouraging patrons to use book drops to return books instead of returning in-person at circulation desks.
  • Consider limiting in-person services offered, such as the reference desk. Instead, encourage patrons to send questions by email and phone to be answered by librarians remotely. Consider continuing to offer all library programs virtually.
  • All in-person programs, such as workshops or job fairs, must follow the prevailing limitation on size of social gatherings. Desks and chairs must be arranged so that six feet social distancing is observed at all times.
  • Shared equipment such as computers must be thoroughly cleaned after each use and use of water fountains must be limited to refilling water bottles, only. Non-essential amenities such as toys, interactive play areas, and shared food/drink stations should be closed or removed.

The full set of state-required guidelines for libraries is found here. Libraries, however, are urged to take these rules as the minimum baseline of precautions needed to protect public health in Connecticut. The Connecticut State Library Division of Library Development may issue additional documents to help libraries in designing their roadmaps to reopening and recovery. In addition, the American Library Association (ALA) has compiled extensive resources to help libraries around the country reopen.

Outdoor Events

Outdoor gatherings and events are able to resume, so long as they comply with these rules and all other applicable executive orders governing conduct in public places. The maximum permitted gathering size will be updated by executive order periodically as the state progresses through its reopening scheme. As of June 1, social gatherings are limited to 10 people indoors and 25 people outdoors. In addition to complying with restrictions on the number of attendees, those hosting outdoor gatherings must:

  • Develop a detailed plan in case any attendee becomes ill with symptoms consistent with COVID-19 during the event. The plan should include a designated isolation area and align with the local municipality’s COVID-19 health protocols.
  • Require all attendees, including employees, volunteers and officials, to wear a surgical style mask or other face covering (e.g., cloth mask) that completely covers the nose and mouth within six feet of those not in the same household, unless doing so would be contrary to their health or safety due to medical conditions, and except when eating.
  • Create an emergency contingency plan for how to modify, cancel, or postpone the event if necessary (e.g., remote participation through live stream) and consider flexible refund policies for participants to discourage people who are sick from attending events.
  • Require all attendees to remain six feet apart, excluding immediate family members, caretakers, and household members. Performers are exempt from wearing a mask when they are performing and are at least 12 feet away from the nearest person (including other performers).

The full set of guidelines for outdoor events is found here.

Personal services (e.g., nail salons, tattoo parlors, etc.)

Most personal services may reopen in limited capacities. However, certain services such as saunas and steam rooms must remain closed. There are specific requirements for a number of service types, such as tattooing, waxing, massage therapy, makeup, nail service, etc. In general:

  • Rearrange space to maintain six feet of distance between customers and limit movement of employees within the facility. For example:
    • Stagger workstations
    • Install physical barrier where possible (e.g., Plexiglas partitions for nail service between customer and employee)
    • Ask customers to wait in cars until appointment time and close waiting rooms
  • Towels and other laundered items must be properly cleaned and stored. Every other locker should be disabled or marked for non-use to enforce six-foot social distancing requirement.
  • The facility should be thoroughly cleaned and sanitized before opening and regularly thereafter. Ensure employees do not share equipment to the extent possible. If shared, clean after each use.
  • Install visual social distancing markers to encourage customers to remain six feet apart. Front desks should be outfitted with Plexiglas or other similar type of barrier. Touchless appliances should be installed wherever possible, including contactless payments, paper towel dispensers, and soap dispensers.

The full set of guidelines for specific personal services is found here.

Sports and fitness facilities (e.g., gyms, fitness centers, pools, etc.)

  • Employees shall clean all equipment frequently, and customers must wipe down equipment after each use. Adjust equipment layout and close or restrict access to equipment to maintain at least six or 12 feet of distance between equipment depending on whether or not customers are wearing a mask.
  • Post clear signage that reinforces new policies, such as:
    • Social distancing protocols
    • Cleaning and disinfection protocols
    • Personal protection protocols (face masks, gloves)
    • Employees shall stay home if sick/experiencing symptoms
    • Customers shall not enter if they are experiencing symptoms
  • With regard to ventilation systems/ air-conditioning, and/or fans:
    • For facilities with central ventilation systems, increase ventilation rates and increase the percentage of outdoor air that circulates into the system where possible.
    • Window air conditioning units or unit ventilators should be adjusted to maximize fresh air intake into the system, blower fans should be set on low speed and pointed away from room occupants to the extent possible.
    • Ceiling fans should be adjusted so that fins are rotating in a direction that draws air up toward the ceiling rather than down onto occupants.
    • Window fans should be turned to exhaust air out of the window in the direction of the outdoors. Window fans that blow air into a room or free-standing fans that only serve to circulate existing air around a room should not be used.
  • Towels and other laundered items must be properly cleaned and stored. Every other locker should be disabled or marked for non-use to enforce the six-foot social distancing requirement. Water fountains should be used only to fill water bottles.

The full set of guidelines for sports clubs and complexes, gyms, fitness centers and pools is found here.

Next Steps

Businesses planning to reopen as part of Phase 2 should thoroughly review the specific guidelines applying to their industry. There are also a number of other resources available that may prove helpful, including those on the CDC and EPA websites.

Businesses intending to reopen in Phase 2 must fully comply with the reopening rules in order to reopen and must self-certify such compliance with the state prior to reopening. Essential businesses do not have to certify. Additionally, according to the DECD, businesses that self-certified as part of Phase 1 do not have to re-certify in Phase 2. Employers must adequately train employees on the reopening rules and proper cleaning and disinfecting protocol before a business can reopen. Those businesses with questions about what is required of them as the state moves towards reopening are encouraged to consult with counsel.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.