We have distributed several messages about this, but still hear the question on a daily basis: am I allowed to continue work on my building project? In short, the answer is almost certainly “no”.
Governor Whitmer, in her Executive Order of March 22, ordered the suspension of any “activities that are not necessary to ‘sustain or protect life’ ” through April 13
th
. She instructed citizens to interpret that order broadly, meaning if they wondered whether they were exempt from the order, they should assume they are not.
HBA of Michigan has been leading the work on this initiative, and I want to give a lot of credit to Bob Filka and his staff. Subsequent to the Executive Order, to quote Bob, ”
In a letter sent Saturday [March 27] to Senate Majority Leader Shirkey, Governor Whitmer stated residential construction is
"limited to in-person tasks that are strictly necessary to protect the
current
condition of the project while the order is in effect, such as putting in place temporary security and weatherization measures.
All other in-person work on the project must cease until the restrictions of the order are lifted and normal operations resume
."
As the builder of the project, it's up to you to decide what
minimum and temporary
measures need to be taken for its security and weatherization and to justify that decision if challenged.
You know what the least amount of work will provide for the temporary security and weatherization of the home. We expect everyone to follow the Governor’s order. Do not use her clarification to finish a project beyond the allowed minimum and temporary measures.
A rumor is circulating the Governor’s restrictions on residential construction have been overruled by the federal government. This rumor is false.
The Advisory Memorandum from Cybersecurity and Infrastructure Security Agency (CISA) issued on March 28, 2020 does not require Governor Whitmer to allow home building as an essential industry.
The third paragraph of the 2.0 version is in bold print and reads as follows:
"This list is advisory in nature. it is not, nor should it be considered, a federal directive or standard. additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion."
While residential construction is listed as an essential industry in the advisory memorandum, it also makes it clear that no jurisdiction is required to name residential construction as an essential industry if they do not want to.
Governor Whitmer cited the earlier CISA document by name and date in her Executive Order. That document did not list residential construction as an essential industry. She has made that clear in various speeches and press conference since issuing the EO that, at this time, she will not be altering her EO to expand what residential construction is permitted.”
We strongly urge all members to comply with the Governor’s order. It has the force of law.
Sincerely,
Robert O'Hara, Executive Officer
