This just in from the Governor Baker’s Office:
Cities and Towns Cannot Restrict Construction!
Governor Issues Important Clarification on Construction Activities as Essential Services; Municipal Bans on Construction Activity Invalid
I
n response to the
urgent
plea of the Home Builders and Remodelers Association of Massachusetts and others, Governor Baker this afternoon released the letter attached below from his chief legal counsel to municipal chief executive officers providing guidance as to how his March 23, 2020 Executive Order COVID-19 No. 13, intersects with municipal efforts to address the COVID-19 crisis.
The letter states that
"the Order provides that all construction projects are to 'continue operations during the state of emergency
, but to do so with allowance for social distancing protocols consistent with guidance provided from the Department of Public Health'
Local policies, regulations, or directives
that provide otherwise
are in direct conflict with the Order and should be withdrawn
." (Emphasis added)
Consequently, cities and towns
may not impose
a ban on construction and may not order work to cease on existing projects. Such actions are in violation of the Emergency Order. A copy of the letter from the governor’s chief legal counsel can be found
here
.
The letter is accompanied by new health and safety that guidelines that must be adhered to for all construction work. “Commonwealth of Massachusetts COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Work” sets forth protocols that MUST be implemented at all times on all construction sites. In addition, all construction sites MUST conduct a Safety Stand Down day to disseminate these guidelines to all employees and workers. Those guidelines and procedures can be found
here
.
The HBRAMA encourages its members to circulate these guidelines for implementation at all worksites. We share your concern for the health and safety of your employees, subcontractors, family members and the public.
The HBRAMA is grateful for the quick and decisive action taken by Governor Baker to ensure that construction, particularly desperately needed housing construction, continues in the Commonwealth. The commitment of the Baker-Polito Administration to housing is unparalleled
