Articles

Client Alert: Delaware to Align with CDC Guidance

Date: May 21, 2021
Governor Carney signed the Twenty-Ninth Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (the “29th Modification”), eliminating Delaware’s mask mandate under most circumstances and reducing social distancing requirements effective May 21, 2020.  You can find the full 29th Modification here.  The 29th modification brings Delaware in line with the new guidance from the Centers for Disease Control and Prevention (“CDC”).  Here are a few takeaways:

FACE COVERINGS:
  • All individuals aged Kindergarten and up must wear a face covering while in the following places:
    • public transit, or private car service;
    • healthcare facilities;
    • long-term care facilities;
    • state owned or operated facilities open to the public;
    • correctional or detention facilities;
    • child care homes or centers; and
    • schools.
  • Individuals aged Kindergarten and up are strongly encouraged to wear a face
covering while visiting any indoor business or space open to the public in compliance with CDC guidelines and recommendations.
 
SOCIAL DISTANCING:
  • All individuals should promote social distancing.
  • Maintain at least three (3) feet from any individual who is not a member of the same household or a caregiver to someone in that household.
  • Events over 250 people indoors and outdoors will still require plan approval from Delaware Division of Public Health (HSPCContact@delaware.gov).
 
COMMUNITY POOLS:
The Delaware Division of Public Health recently revised its COVID-19 Guidance for Public and Private Community Swimming Pools (“Guidance”).The full Guidance can be found here.  A few takeaways from the May 19, 2021 Guidance are:
  • Follow CDC guidelines.
  • Have a written plan documenting procedures to protect staff and swimmers from COVID-19.
  • Designate a staff member to be responsible for responding to COVID-19 concerns.
  • Provide adequate supplies to prevent the spread of COVID-19 including face coverings, soap, and hand sanitizers.
           
Common interest communities should follow current CDC and state government guidelines. (See, e.g., CDC Guidance for Unvaccinated People here.  Please note that this Alert is current as of May 21, 2021.  Government restrictions and guidance can change unexpectedly, so please be aware that any such changes will impact our recommendations for how Associations can remain in compliance.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.