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Betsy Coleman State of Utah

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Document Document

Utah Department of Health Executive Director's Office

State of Utah
GARY R HERBERT Governor
SPENCER J. COX Lieutenant Governor

Richard G. Saunders Executive Director
Joseph K. Miner, M.D., M.S.P.H., F.A.C.P.M Deputy Director
Heather R. Borski, M.P.H., M.C.H.E.S. Deputy Director
State Public Health Order 2020-25
Temporary Statewide COVID-19 Restrictions

WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) has been characterized by the World Health Organization as a worldwide pandemic caused by Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), a virus that spreads easily from person to person and can cause serious illness or death;
WHEREAS, COVID-19 has and continues to spread and cause serious illness and death to Utah residents, threatening public health and wellness throughout the state;
WHEREAS, Utah Code § 26-1-30(3) requires and authorize the Utah Department of Health (the "Department") to promote and protect the health and wellness of the people within the state;
WHEREAS, Utah Code §§ 26-1-30-(5) and 26-6-3 require and authorize the Department to investigate and control the causes of epidemic, infectious, communicable and other disease to control the causes of epidemic, infectious, communicable, and other diseases affecting the public health;
WHEREAS, Utah Code §§ 26-1-30(6) and 26-6-3 require and authorize the Department to prevent and control communicable infectious, acute, chronic, or any other disease or health hazard that the Department considers to be dangerous, important, or likely to affect the public health;
WHEREAS, Utah Code § 26-1-10 authorizes the executive director of the Department to issue public health orders to enforce state laws, including Utah Code §§ 26-1-30 and 26-6-3;

288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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WHEREAS, to prevent and control the causes of COVID-19 throughout the state, the Department has established minimum standards to address the unique circumstances in different locations in Utah;
WHEREAS, the number of COVID-19 cases in Utah has sharply increased;
WHEREAS, Utah is experiencing a significant increase in the use of medical resources;
WHEREAS, the Centers for Disease Control (CDC) has called on Americans to wear face coverings, with the CDC director stating that "[c]loth face coverings are one of the most powerful weapons we have to slow and stop the spread of the virus--particularly when used universally within a community setting," and that "[a]ll Americans have a responsibility to protect themselves, their families, and their communities";
WHEREAS, analysis by Brigham Young University researchers reviewing more than 115 studies on the effectiveness of masks in controlling COVID-19 found that "[t]here is clear evidence that face coverings reduce the spray of droplets produced during speaking, coughing, and sneezing" and that "masks could be one of the most powerful and cost-effective tools to stop COVID-19 and accelerate the economic recovery";
WHEREAS, published scientific research has shown that properly wearing a face mask can reduce the risk of viral spread and exposure up to 80%;
Based on the foregoing, in accordance with the authority vested in me as the Interim Executive Director of the Utah Department of Health by Utah Code §§ 26-1-10, 26-1-30, and 26-6-3, and being fully advised and finding the factual basis and legal requirements have been established;
NOW, THEREFORE, I, Richard Saunders, Interim Executive Director of the Utah Department of Health, hereby order the following:
1. Definitions. As used in this Order: a. "COVID-19" means Novel Coronavirus Disease 2019 caused by Severe Acute Respiratory Syndrome Coronavirus 2, also known as SARS-CoV-2. b. "Department" means the Department of Health created in Utah Code § 26-1-8. c. "Event host" means a person that owns, operates, provides facilities for, or has formal oversight over any of the following where a social gathering occurs: an amusement or water park, arena, aquarium, aviary, botanical garden, ceremony, cinema, comedy club, commercial event venue, commercial party venue, concert
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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or concert hall, conference, convention or convention center, dance or dance hall, driver's education training, fair or fairground, museum, organized athletic or sporting event, recital, stadium, theater, or zoo. d. "Extracurricular activity" means an activity, a course, or a program that is:
i. not directly related to delivering instruction; ii. not a curricular activity or co-curricular activity as those terms are defined
in Utah Code § 53G-7-501; and iii. provided, sponsored, or supported by a school or a public or private
institution of higher education, including a degree-granting institution and a technical college. e. "Face mask" means a mask that completely covers the nose and mouth, is made of synthetic or natural fabrics, and fits snugly against the nose and sides of the face and under the chin. "Face mask" does not include a mask with an exhalation valve, vent, or other hole or opening, or a mask that is crocheted or made of lace, mesh, or similar open weblike construction or material. f. "Face shield" means a shield that covers the entire face--including the eyes, nostrils, and mouth of the wearer--is made of clear plastic or similar nonpermeable transparent material, and can be used in conjunction with a face mask for enhanced protection. g. "Household" means an individual or a group of individuals who reside in the same residence. h. "Local Education Agency" or "LEA" means a school district or a charter school. i. "Person" means the same as that term is defined in Utah Code § 68-3-12.5(18). j. "Public setting" means any area, whether inside or outside a building or other enclosure, that is not a private residence or vehicle, and is open for simultaneous use by two or more individuals not of the same household for business, education, recreation, transportation, or similar purposes, including a "public place" as defined in Utah Code § 76-9-102 and a "place of public accommodation" as defined in Utah Code § 13-7-2(3) and 42 U.S.C. § 12181. k. "School" means an LEA or private school that provides any kindergarten through grade-12 program or service, including a residential treatment center that provides any kindergarten through grade-12 program or service. l. "Social gathering" means an in-person gathering of individuals from separate households. "Social gathering" does not include: i. a gathering at a residence for a non-commercial purpose; ii. a gathering for a primarily educational or religious purpose; iii. a business service provided at a residence; iv. a physical custody exchange of a child or the exercise of parent-time pursuant to Utah Code § 30-3-32; or
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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v. a childcare service, including a daycare, nanny, or babysitting service, regardless of whether the childcare service is provided as part of a financial transaction.
2. Transmission area determination. The Department shall announce each county's transmission area designation on a weekly basis as provided in this Section (2) and provide notice of transmission area designations on the Department's website. The Department may not lower a county's transmission area designation until 14 days after the date of the county's last transmission area designation. a. Low Transmission Area. A county is a Low Transmission Area if at least two of the following conditions are met: i. The county's seven-day average positivity rate for COVID-19 tests is less than 6%. ii. The county's 14-day case rate is less than 101 per 100,000 people. iii. The statewide seven-day average intensive care unit bed utilization is less than 69% and the statewide seven-day average COVID-19 ICU utilization rate is less than 6%. b. Moderate Transmission Area. A county is a Moderate Transmission Area if at least two of the following conditions are met: i. The county's seven-day average positivity rate for COVID-19 tests is at least 6% and is less than 13%. ii. The county's seven-day case rate is at least 101 per 100,000 people and is less than 325 per 100,000 people. iii. The statewide seven-day average intensive care unit bed utilization is at least 69% and is less than 72% and the statewide seven-day average COVID-19 ICU utilization rate is at least 6% and is less than 15%. c. High Transmission Area. A county is a High Transmission Area if at least two of the following conditions are met: i. The county's seven-day average positivity rate for COVID-19 tests equals or exceeds 13%. ii. The county's 14-day case rate equals or exceeds 325 per 100,000 people. iii. The statewide seven-day average intensive care unit bed utilization is or exceeds 72% and the statewide 7-day average ICU utilization rate equals or exceeds 15%.
3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall: a. while in an indoor public setting, wear a face mask and maintain at least six feet physical distance from any individual from a separate household;
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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b. while outdoors and within six feet of any individual from a separate household, wear a face mask; and
c. as required by an event host or business pursuant to Sections (4) or (5), wear a face mask and maintain physical distance from any other individual.
4. Restrictions on event hosts. a. Statewide restrictions. Regardless of a county's transmission index designation, an event host of a social gathering shall: i. complete and implement the Event Management Template provided by the Department; ii. require each individual attending the social gathering to wear a face mask, including in an area of ingress or egress; and iii. post conspicuous signage at the social gathering that: A. lists COVID-19 symptoms; B. asks individuals experiencing COVID-19 symptoms to stay home; and C. provides notice of face mask and physical distancing requirements. b. High and Moderate Transmission Area restrictions. An event host of a social gathering in a county designated as a High or Moderate Transmission Area shall require at least six feet of physical distance between individuals from separate households who attend the social gathering, including in an area of ingress or egress, unless the event host receives a waiver of this requirement pursuant to Section (9).
5. Restrictions on businesses. The following restrictions apply to a business, including a bar or restaurant, regardless of whether the business is acting as an event host: a. Statewide restrictions. Regardless of a county's transmission area designation, a business shall: i. require each employee and contractor to wear a face mask while at work; and ii. post conspicuous signage at each entrance to the business that: A. lists COVID-19 symptoms; B. asks employees and patrons experiencing COVID-19 symptoms to stay home; and C. provides notice of face mask and physical distancing requirements. b. High Transmission Area restrictions. The following restrictions apply in a county designated as a High Transmission Area: i. Except as provided in Subsection (5)(d), a business, including a restaurant or bar, shall require each patron to maintain at least six feet of physical
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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distance from any patron from a separate party, including in an area of ingress or egress. ii. An on-premise licensee of the Department of Alcoholic Beverage Control shall not sell, offer to sell, or furnish liquor or beer after 10:00 p.m. c. Moderate Transmission Area restrictions. The following restrictions apply in a county designated as a Moderate Transmission Area: i. A restaurant shall require at least six feet of physical distance between each party in a waiting area. ii. A bar shall limit occupancy to 75% of legal capacity. d. Exceptions to physical distancing requirements. Notwithstanding Subsection (5)(b)(i), a business that provides a childcare service may permit a child, parent, or care provider to be within six feet of another child, parent, or care provider while in the course of providing or receiving the childcare service. 6. Restrictions on organized sports and activities. a. High school athletic and extracurricular social gatherings. A person may not be an event host for, or participate in, a high-school-sponsored social gathering that is an athletic or extracurricular activity, including a competition or practice, unless: i. beginning no later than November 30, 2020, the high school verifies that each participant received a diagnostic test approved by the United States Food and Drug Administration to determine current COVID-19 infection within the 14 days immediately prior to the athletic or extracurricular activity; and ii. immediately prior to participating in the athletic or extracurricular activity, each participant confirms that the participant:
A. has completed any quarantine or isolation period required by the COVID-19 School Manual provided by the Department; and
B. is not experiencing any symptom of COVID-19. b. Other athletic and extracurricular activities. A person may not be an event host
for, or participate in, a social gathering that is an athletic or extracurricular activity not covered by Subsection (6)(a), including a club sport and college or university intramural activity, but not including intercollegiate athletics, unless immediately prior to participating in the athletic or extracurricular activity, each participant confirms that the participant:
i. has completed any quarantine or isolation period as specified by the local health department; and
ii. is not experiencing any symptom of COVID-19.
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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c. Event host exception. Notwithstanding Subsection (4)(b), an event host of a social gathering that is an athletic or extracurricular activity authorized under Section (6) is not required to require six feet physical distance between each participant. A participant does not include a spectator.
7. Restrictions on institutions of higher education. a. For the purposes of this Order, an institution of higher education, including a public or private degree-granting institution or technical college, is considered to be a business subject to Section (5). b. Beginning as soon as possible, but no later than January 1, 2021, the following institutions of higher education shall require each individual age 18 years or older who is enrolled as a student of the institution of higher education and who lives in on-campus housing or attends at least one in-person class provided by the institution of higher education to obtain a diagnostic test approved by the United States Food and Drug Administration to determine current COVID-19 infection at least once every fourteen days: i. a public degree-granting institution of higher education identified in Utah Code § 53B-1-102(1)(a); and ii. a private degree-granting institution of higher education that has more than 10,000 enrolled students residing in Utah.
8. Face mask exceptions. a. Notwithstanding any other provision of this Order, an individual required to wear a face mask may remove the face mask in the following situations: i. while actively eating or drinking; ii. while alone or with only other members of the same household in a room, cubicle, vehicle, or similar enclosure; iii. when communicating with an individual who is deaf or hard of hearing if: A. communication cannot be achieved through other means; and B. the speaker wears a face shield or uses alternative protection such as a plexiglass barrier; iv. while obtaining or providing a service that requires the temporary removal of the face mask, such as dental services or speech therapy services; v. while sleeping; vi. while actively performing as an athlete at an organized athletic event authorized under Section (6); vii. while exercising or engaging in athletic training while: A. outdoors; or B. indoors and maintaining at least six feet of physical distance from any other individual from a separate household;
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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viii. while swimming or on duty as a lifeguard; ix. while giving a religious, political, media, educational, artistic, cultural, musical, or theatrical presentation or performance for an audience; x. when engaging in work where wearing a face mask would create a risk to the individual, as determined by government safety guidelines; xi. when necessary to confirm the individual's identity, including when entering a bank, credit union, or other financial institution; and xii. when federal or state law or regulations prohibit wearing a face mask.
b. The following individuals are exempt from the face mask requirements of this Order: i. a child who is younger than three years old; ii. an individual who is unconscious, incapacitated, or otherwise unable to remove the face mask without assistance; iii. an individual with a medical condition, mental health condition, or intellectual or developmental disability, that prevents the individual from wearing a face mask; and iv. an individual who is incarcerated.
9. Event host physical distancing waivers. a. A county executive, in consultation with the local health department, may: i. grant a waiver to an event host from the requirement of Subsection (4)(b); and ii. review the waiver every 14 days from the date the waiver was granted, and revoke the waiver if the county executive finds it necessary to protect public health. b. When considering whether to grant or revoke a waiver pursuant to Subsection (9)(a), the county executive shall consider: i. the petitioner's ability to demonstrate safe operations as outlined in the COVID-19 Business Manual provided by the Department; and ii. any evidence of significant COVID-19 transmission arising directly from an event held by the event host.
10. Local education agencies. a. An LEA is not subject to Sections (4) and (5). b. An LEA shall comply with the requirements of the "Planning Requirements and Recommendations for K-12 School Reopening," created by the Utah State Board of Education.
11. Gatherings at residences. This Order does not apply to a gathering of individuals at a residence for a non-commercial purpose.
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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12. Religious services. This Order does not apply to a religious service. Faith-based organizations are strongly encouraged to implement protocols to mitigate the spread of COVID-19.
13. Effect on other laws. a. To the extent that this Order conflicts with a provision of State Public Health Order 2020-11, this Order shall control. b. Nothing in this Order may be construed to prohibit a local health department from issuing a health order that is more stringent than this Order.
14. Severability. If a provision of this Order or the application of a provision to any person or circumstance is held invalid, the remainder of this Order shall be given effect without the invalid provision or application. The provisions of this Order are severable.
This Order is effective November 24, 2020, and shall remain in effect through December 8, 2020, unless otherwise modified, amended, rescinded, or superseded.
Made at 4:00 p.m. the 20th day of November, 2020.
Richard G. Saunders Interim Executive Director Utah Department of Health
288 North 1460 West, Box 141000 · Salt Lake City, UT 84114-1000 Telephone (801) 538-6111 · www.health.utah.gov
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