DECLARATION OF EMERGENCY DIRECTIVE 018
WHEREAS, in late 2019, the United States Centers for Disease Control and Prevention began monitoring an outbreak of respiratory illness caused by a novel coronavirus first identified in Wuhan, Hubei Province, China; and
WHEREAS, on February 11, 2020, the International Committee on Taxonomy of Viruses named this novel coronavirus "severe acute respiratory syndrome coronavirus 2 (SARS-Co V-2);" and
WHEREAS, on February 11, 2020, the World Health Organization named the disease caused by SARSCo V-2, "COVID-19:" and
WHEREAS, the World Health Organization advises that the novel coronavirus that causes COVID-19 virus is highly contagious, and spreads through respiratory transmission, and direct and indirect contact with infected persons and surfaces; and
WHEREAS, the World Health Organization advises that respiratory transmission occurs through both droplet and airborne transmission, where droplet transmission occurs when a person is within 6 feet of someone who has respiratory symptoms like coughing or sneezing, and airborne transmission may occur when aerosolized particles remain suspended in the air and is inhaled; and
WHEREAS, the World Health Organization advises that contact transmission occurs by direct contact with infected people or indirect contact with surfaces contaminated by the novel coronavirus; and
WHEREAS, some persons with COVID-19 may exhibit no symptoms but remain highly infectious; and
WHEREAS, on March 5, 2020, Clark County and Washoe County both reported the first known cases of COVID-19 in the State of Nevada; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada issued a Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic; and
WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States declared a nationwide emergency pursuant to Sec. 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); and
WHEREAS, on March 14, 2020, I formed a medical advisory team to provide medical guidance and scientifically based recommendations on measures Nevada could implement to better contain and mitigate the spread of COVID-19; and
WHEREAS, on March 15, 2020, the State of Nevada experienced its first COVID-19 related fatality; and
WHEREAS, in the 53 days since Nevada's first COVID-19 death, as of May 7, 2020, the number of deaths in the State of Nevada has climbed to 286; and
WHEREAS, as of May 7, 2020, Johns Hopkins University's Coronavirus Resource Center has attributed 75,423 deaths in the United States of America to COVID-19; and
WHEREAS, infectious disease and public health experts advised that minimizing interpersonal contact slows the rate at which the disease spreads, and is necessary to avoid overwhelming healthcare systems, commonly referred to as "flattening the curve"; and
WHEREAS, since the March 12, 2020 Declaration of Emergency, I have issued 17 Directives pursuant to that order to provide for the safety, wellbeing, and public health of Nevadans and the administration of the State of Nevada; and
WHEREAS, these Directives were promulgated to reduce interpersonal contact and promote social distancing to flatten the curve; and
WHEREAS, data showed that Nevada was one of the top five states in the United States for social distancing; and
WHEREAS, Nevada's medical experts indicate that the rate at which COVID-19 is spreading in the State of Nevada has effectively slowed to a level that does not jeopardize the state's healthcare system due, in part, to Nevadans following strict social distancing measures individually and pursuant to Directives I issued pursuant to the March 12, 2020, Declaration of Emergency; and
WHEREAS, although the danger to Nevadans from the COVID-19 disease has abated, the disease has not been eliminated and measures that protect safety, wellbeing, and public health of Nevadans must remain in effect; and
WHEREAS, on April 21, 2020, the National Governors Association issued guidance for a staged reopening that protects the public's health while laying a strong foundation for long-term economic recovery; and
WHEREAS, on April 30, 2020, I introduced the Nevada United: Roadmap to Recovery plan that outlined a phased approach to reopening Nevada businesses and industry; and
WHEREAS, the Nevada United: Roadmap to Recovery plan set forth a collaborative partnership between state and local governments that included the formation of the Local Empowerment Advisory Panel ("LEAP") to serve as a resource to local governments and local communities; and
WHEREAS, NRS 414.060 outlines powers and duties delegated to the Governor during the existence of a state of emergency, including without limitation, directing and controlling the conduct of the general public and the movement and cessation of movement of pedestrians and vehicular traffic during, before and after exercises or an emergency or disaster, public meetings or gatherings; and
WHEREAS, NRS 414.070 outlines additional powers delegated to the Governor during the existence of a state of emergency, including without limitation, enforcing all laws and regulations relating to emergency management and assuming direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State; providing for and compelling the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons; and performing and exercising such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population; and
WHEREAS, the Nevada Attorney General opined in Opinion Number 95-03 that in times of emergency when the Governor's authority under Nevada Revised Statutes Chapter 414 is in effect, the powers of political subdivisions to control business activity is limited; and
WHEREAS,NRS 414.060(3)(f) provides that the administrative authority vested to the Governor in times of emergency may be delegated; and
WHEREAS, Article 5, Section 1 of the Nevada Constitution provides: "The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada;" and
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the United States, and pursuant to the March 12, 2020, Emergency Declaration,
IT IS HEREBY ORDERED THAT:
COVID-19 Declaration of Emergency Directive 018 Orders
||To the extent this Directive conflicts with earlier Directives or regulations promulgated pursuant to the March 12, 2020 Declaration of Emergency, the provisions of this Directive shall prevail.
||For the purposes of this Directive, ''vulnerable persons" are defined as those who are at heightened risk of complications from COVID-19 disease, and include:
- Individuals who are 65 years of age and older;
- Individuals with chronic lung disease or moderate to severe asthma;
- Individuals who have serious heart conditions;
- Individuals who are immunocompromised;
- Pregnant women; or
- Individuals determined to be high risk by a licensed healthcare provider.
||All vulnerable persons are strongly encouraged to stay at home to the greatest extent possible, except when necessary to provide, support, perform, or operate necessary activities, minimum basic operations, critical government functions, necessary travel, or essential businesses.
||The phrase "social distancing" includes guidance promulgated by the United States Centers for Disease Control and Prevention, including without limitation, maintaining at least six feet of social distancing from other individuals. The phrase "sanitation requirements" or "sanitation measures" includes without limitation, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
||Section 2 of Directive 010 is hereby amended to provide that effective May 9, 2020, all Nevadans are strongly encouraged to stay in their residences to the greatest extent possible. Recognizing that COVID-19 is still present in Nevada and highly contagious, Nevadans are advised that they are safer at home and should avoid interpersonal contact with persons not residing in their households to the extent practicable. To reduce the spread of COVID-19 via respiratory transmission, the Nevada public should utilize face coverings in public spaces.
||Pursuant to NRS 441A.180, persons testing positive for COVID-19 shall stay at home and "self-quarantine" for a minimum of two weeks, except as necessary to care for themselves or seek medical care. Persons determined to be in contact with an individual who tested positive for COVID-19 must quarantine and stay at home for two weeks, or until a negative test result has been received.
||Section 1 of Directive 007 is hereby amended to provide that effective May 9, 2020, the Nevada general public shall not gather in groups of ten or more in any indoor or outdoor area, whether publicly owned or privately owned where the public has access by right or invitation, express or implied, whether by payment of money or not, including without limitation, parks, basketball courts, volleyball courts, baseball fields, football fields, rivers, lakes, beaches, streets, convention centers, libraries, parking lots, and private clubs. This provision shall not be construed to apply to the gathering of persons living within the same household, persons working at or patronizing businesses operating pursuant to this Directive, or providing essential services to the public.
| Section 8:
||The Nevada Labor Commissioner shall provide guidance to employers on labor laws related to COVID-19, including without limitation, sick leave policies, required postings for employers, and bulletins, guides, and forms for employers and employees.
| Section 9:
||All employers must take proactive measures to ensure compliance with the social distancing and sanitation guidelines. All employers shall require employees who interact with the public to wear face coverings, to the maximum extent possible, and shall abide by all other guidelines promulgated by the Nevada State Occupational Safety and Health Administration (NV OSHA).
| Section 10:
||All businesses must adopt measures that meet or exceed the standards promulgated by NV OSHA to minimize the risk of spread of COVID-19. All businesses are encouraged to permit their employees to work from home to the maximum extent practicable. The Nevada State Occupational Safety and Health Administration shall continue to ensure that businesses reopened pursuant to this Directive or otherwise operating during the state of emergency provide adequate protections to their workers and adopt sanitation protocols that minimize the risk of spread of COVID-19 among their workforce. NV OSHA shall enforce all violations of its guidance, protocols, and regulations.
| Section 11:
||To the maximum extent practicable, employers and employees are strongly encouraged to incorporate the following protocols into their business operations:
- Encourage customers to wear face coverings
- Continue to encourage telework, whenever possible and feasible with business operations
- Return to work in phases
- Close common areas where personnel are likely to congregate and interact, or enforce strict social distancing protocols
- Strongly consider special accommodations for personnel who are members of a vulnerable population
- Consider encouraging employees to do a self-assessment each day in order to check if they have any COVID-19 type symptoms, for example, fever, cough or shortness of breath
- Practice hand hygiene
- Perform frequent enhanced environmental cleaning of commonly touched surfaces
- Implement separate operating hours for vulnerable populations
- Provide signage advising the public of appropriate social distancing within the facility, including six feet of social distancing from other individuals; and
- Provide readily available hand sanitizer or other sanitizing products for employees and customers
| Section 12:
||All employers are encouraged to accommodate vulnerable persons and workers caring for a child whose school or place of care is closed, or childcare provider is unavailable, for reasons related to COVID-19, by promoting telecommuting or other remote work options, flexible schedules, or other means. To the greatest extent possible, employers should extend similar accommodations to workers who live in the same household as a vulnerable person. Upon request, all employers covered by the Families First Coronavirus Response Act ("FFCRA") must provide leave to eligible employees as provided by the Act. Employers covered by the FFCRA must notify covered employees seeking accommodations of their eligibility. The provisions of this Section shall be in effect for the duration that the March 12, 2020 Declaration of Emergency shall be in effect, unless specifically terminated by a subsequent Directive.
||Effective May 9, 2020, all businesses that engage in retail sales may, in addition to providing retail sales on a curbside or home delivery basis, allow customer access, with a maximum occupancy of 50% based on listed fire code capacity. Businesses are strongly encouraged to promote home delivery, curbside delivery, walk-up, drive-through, or window service whenever possible. Businesses must adopt measures promulgated by NV OSHA to minimize the risk of spread of COVID-19 including social distancing and sanitation measures, and abide by all other guidance promulgated pursuant to this and other Directives. To the maximum extent practicable, businesses must provide services in a manner disallowing the formation of queues whereby persons congregate in a manner that violates the social distancing guidelines above. All businesses are encouraged to permit their employees to work from home to the maximum extent practicable. Retail businesses operating in open-air malls or strip malls are expressly permitted to operate under the conditions set forth in this Directive. Retail businesses operating pursuant to this Directive at indoor malls may provide retails sales to any extent they can do so on a home delivery basis, or for curbside delivery outside the mall under the conditions set forth in this Directive.
||Effective May 9, 2020, drive in theaters may resume operations for movies and drive-in religious services under strict social distancing guidelines pursuant to this Directive. Movie theaters operating on a non-drive-in basis shall remain closed to the public until further notice.
| Section 15:
||Section 3 of Directive 013 is hereby rescinded. Effective May 9, 2020, automobile, off-highway vehicle, and recreational vehicle sales showrooms may reopen to customers on a limited basis. The number of customers in showroom areas may not exceed 50% of the area's listed fire code capacity. Dealerships are encouraged to operate on an appointment only basis to reduce interpersonal contact to the greatest extent possible. Test drives should be limited to the customer and the customer's household members, and vehicles must be sanitized after each test drive.
| Section 16:
||Section 7 of Directive 013 is hereby rescinded. Effective May 9, 2020, nail care salons, hair salons, and barber shops licensed by the Nevada Board of Cosmetology or State Barber's Health and Sanitation Board may reopen to customers provided that:
Persons licensed by the Nevada Board of Cosmetology or State Barber's Health and Sanitation Board may perform in-home beauty services to persons other than those in their household if their licenses permit them to do so, but must abide by all sanitation practices required by their respective licensing board, and must wear face coverings while servicing customers and clients.
- Salons and barber shops with walls or partitions between stations or chairs may utilize all stations, but under no circumstances may more than on customer or client be seated at any given station or chair.
- Salons and barber shops without walls or partitions between stations may only seat customers or clients at every other station or chair, or arrange stations or chairs so that a minimum of 6 feet of separation between customers is maintained.
- Salons and barber shops may not accept customers or clients on a walk-in basis, and technicians, stylists and barbers may not serve or accept appointments for more than one customer at any given time.
- Customers waiting for appointments must wait outside the facility and must practice social distancing by maintaining a minimum of 6 feet of separation between customers not residing in the same household.
- Technicians, stylists, barbers and other employees must wear face coverings at all times.
- Persons licensed by the Nevada Board of Cosmetology or State Barber's Health and Sanitation Board must abide by all guidelines promulgated by their respective boards. Boards are directed to impose disciplinary measures against licensees who violate this provision.
| Section 17:
||The prohibition on onsite dining at restaurants and food establishments in Section 3 of Directive 003 is hereby amended. All restaurants and food establishments operating during the state of emergency due to the COVID-19 pandemic are strongly encouraged to accommodate vulnerable persons by providing to-go, curbside, and delivery options for customers. Restaurants and food establishments, including bars and taverns licensed to serve food, may provide onsite dining subject to the following provisions:
Restaurants and food establishments unable to comply with Items 1-4, above, may not open for onsite dining, but may continue to offer to go, curbside and home delivery to customers. Buffets, cafeterias, and self-serve dining facilities shall remain closed until further notice. All other provisions of Section 3 of Directive 003 not in conflict with this Section shall remain in effect.
- The maximum occupancy for onsite dining shall be 50% of the maximum seating capacity under normal circumstances, excluding bar seating.
- Tables or available booths must be spaced, or customers seated a minimum of 6 feet apart from other customers.
- Bar tops and bar areas shall remain closed to customers, but bar beverages may be served at tables for onsite consumption.
- Customers waiting to dine onsite must wait. outside the establishment until they can be seated and must practice social distancing by maintaining a minimum of 6 feet of separation between customers not residing in the same household.
- To the maximum extent practicable, restaurants and food establishments should require reservations to manage occupancy.
| Section 18:
||Breweries, distilleries, and wineries not licensed to serve food may offer curbside delivery, and home delivery where permitted by local code or ordinance. Breweries, distilleries, and wineries may continue all operations necessary to produce product, consistent with worker safety guidelines promulgated by the Nevada State Occupational Safety and Health Administration.
| Section 19:
||The following non-essential businesses shall remain closed during Phase One of the Nevada United: Roadmap to Recovery plan:
- Bars, pubs, and taverns not covered by Sections 17 or 18 of this Directive
- Gyms and fitness facilities
- Recreation and community centers including public pools
- Museums and art galleries
- Zoos and aquariums, but may remain open to staff members to maintain essential operations for the health and safety of animals
- Entertainment venues, including sports venues, movie theaters with the exception of drive-in theaters covered in Section 14 of this Directive, museums, bowling alleys, arcades and other amusement venues, and miniature golf
- Adult entertainment facilities
- Massage parlors, not to include massages for physical therapy or that are medically necessary as prescribed by a licensed healthcare provider
- Spas, not to include nail salons, hair salons, and barber shops covered in Section 16 of this Directive
- Body art facilities
- Body piercing facilities
- Tanning salons
| Section 20:
||Nevada State parks are hereby directed to open to the public for day use, subject to usage that does not pose a public health risk through overcrowding, or other violations of social distancing standards. Park rangers and staff shall develop and implement park access control measures to proactively prevent overcrowding, including by limiting capacity at or closing parks as necessary to enforce public safety and public health protocols. The Nevada public is advised to maintain all COVID-19 risk mitigation social distancing protocols, and utilize face coverings whenever possible.
| Section 21:
||Section 13 of Directive 016 is hereby amended. Gaming operations, not including licensed online gaming or mobile wagering operations, shall remain closed through Phase One. The Gaming Control Board shall promulgate guidance for a phased and incremental resumption of gaming operations.
| Section 22:
||Section 3 of Directive 016 is hereby amended to provide that in addition to curbside or home delivery, licensed cannabis dispensaries may additionally engage in retail sales on an in-store basis, effective May 9, 2020, pursuant to guidance that shall be issued by the Department of Taxation in conjunction with the Cannabis Compliance Board, and subject to all local ordinances or municipal code. Retail cannabis dispensaries must continue to abide by measures promulgated by NV OSHA to minimize the risk of spread of COVID- 19 including social distancing and sanitation measures. All retail cannabis dispensaries are encouraged to permit their employees to work from home to the maximum extent practicable.
| Section 23:
||Previous Directives not specifically referenced herein remain in effect for the duration specified in those specific Directives or subsequent extensions, unless specifically terminated or extended renewed by subsequent Directive. Directive 016 and all Directives incorporated by reference within Directive 016 with specific expiration dates are extended until May 30, 2020.
| Section 24:
||Pursuant to NRS 414.060(3)(f), I hereby delegate to each county of this state to include the consolidated municipality of Carson City, and local municipalities, the authority to adopt additional protective measures intended to combat the spread of COVID-19, including without limitation, stay at home and face covering orders, so long as those measures are at least as restrictive as those imposed by all Directives promulgated pursuant to the Declaration of Emergency for COVID-19 issued on March 12, 2020. Additional restrictive measures adopted by counties and municipalities may be implemented without additional approval by the State.
| Section 25:
||Pursuant to NRS 414.060(3)(f), I hereby authorize all local, city, and county governments to enforce this Directive and regulations promulgated thereunder, including but is not limited to, suspending licenses, revoking licenses, or issuing penalties for violating business, professional, liquor, tobacco, or gaming licenses issued by the local jurisdiction for actions that jeopardize the health, safety, or welfare of the public; conduct which may injuriously affect the public health, safety, or welfare; conduct that may be detrimental to the public peace, health, or morals; or any other applicable ordinance or requirement for such a license.
| Section 26:
||The State of Nevada shall retain all authority vested in the Governor pursuant to NRS Chapter 414.
| Section 27:
||This Directive shall remain in effect through May 30, 2020, unless terminated or extended by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic.