The Town Crier - Legislative Backgrounder

On Tuesday, Governor Murphy issued Executive Order 153 rescinding the stay at home order and opening public and private clubs’ swimming pools as well as certain outdoor recreational and entertainment business previously closed by Executive Order 107.

Effective 6:00 a.m. on Monday, June 22, 2020 public and private swimming pools may open, including their outdoor spaces. In order to open, the pool facilities must comply with the New Jersey Department of Health standards. Food and drink establishments (i.e. concession stands, snack bars, restaurants) at pool facilities and recreational businesses must comply with the requirements of Executive Order 150. Please note that pools may open earlier for lifeguard training and swimming lessons.  

The order requires that playgrounds, indoor recreational areas, aquatic recreation facilities and recreational water fountains continue to remain closed.

In addition, the order continues the closure of amusement parks and arcades at recreational businesses, and those located at pool facilities even if they are outdoors. However, amusement games outdoors, such as a game on a boardwalk, may operate as long as it adheres to the requirements of this Executive Order.

Except for those listed above, all other recreational and entertainment businesses closed by Executive Order 107 (paragraph 9) are permitted to reopen their outdoor spaces to the public, provided they adopt policies that include, at a minimum:

• Public is permitted in only outdoor spaces, except, they may enter the indoor premise when entering and exiting the premise or for using the restroom.
• Total capacity is limited to a number that ensures all individuals remain 6 feet apart.
• Open-air rain tarps, tents, and other outdoor structures are allowed for the sole purpose of protecting against foul weather or to provide shade.
• Require that reservations, cancellations, and pre-payments be made by electronic or telephone reservation systems to limit physical interaction. Please note that such policies must consider, whenever possible, individuals that do not have internet service or credit cards.
• Install physical barriers between visitors and employees, whenever feasible, or ensure 6 feet distance between employees and visitors, except at the moment of payment.
• Limit any use of equipment provided by the business to one person at a time, excluding immediate family members, caretakers, household members, or romantic partners. Such equipment must be sanitized before and after each use.
• Demarcate and post signs noting 6 feet of spacing in all commonly used areas or when people may form a line.
• Require infection control practices.
• Provide employees with break times for repeated handwashing throughout the workday.
• Provide sanitization materials to staff and customers.
• Limit occupancy in the restrooms to avoid over-crowding and maintain social distancing, and where practicable, use a restroom attendant to monitor capacity.
• Require frequent sanitization of high-touch areas, with the minimum cleaning protocols including, but not limited to, routine cleaning and disinfecting of all high-touch areas, all high volume areas (i.e. handrails, restrooms, countertops, lockers), and equipment. In addition, employees must be trained and equipped to perform such cleaning.
• Immediately separate and send home workers who appear to have COVID-19 symptoms.
• Promptly notify workers of any known exposure to COVID-19 at the worksite.
• Clean and disinfect the worksite in accordance with CDC guidelines when an on-site worker has been diagnosed with COVID-19.
• Continually follow the guidelines and directives issued by the NJ Department of Health.

Outdoor recreational and entertainment businesses that involve individuals who are there at a specific time and for a common reason such as movie, concert, sporting events, or chartered vessel trips are still subject to the restrictions on outdoor gatherings outlined in Executive Order 152.

Recreational and entertainment businesses that were already permitted to reopen their outdoor spaces to the public may continue to keep their outdoor spaces open to the public as long as they comply with the terms of this order.  This includes outdoor archery ranges, batting cages, golf courses, golf driving ranges, shooting ranges, tennis clubs, and chartered vessels.

Finally, the order requires that the total capacity at State Parks and Forests, as well as county and municipal parks, must be limited to a number that ensures that all individuals can remain 6 feet apart.

Contact:  Lori Buckelew, Sr. Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x112.