Gov. Andrew Cuomo has ordered "nonessential"
construction to shut down statewide during the coronavirus pandemic except for
emergency work and in other limited scenarios, a significant policy change that
will have far-reaching impacts for builders, workers, property owners and
developers.
Empire State Development (ESD) issued the guidance Friday
morning, which was shared by the Associated General Contractors of New York
with its membership.
Essential construction that can continue includes roads,
bridges, transit facilities, utilities, hospitals or health care facilities,
affordable housing, and homeless shelters.
Emergency construction that can continue are projects
"necessary to protect health and safety of the occupants," according
to ESD.
Exceptions are also made for projects in which "it
would be unsafe to allow to remain undone until it is safe to shut the
site," according to ESD.
Builders, developers, site owners and trade union
representatives were scrambling Friday to assess the impact. The order doesn't
include situations where there's a single worker who is the sole
employee/worker on a job site.
"Right now, I've got calls into various [state]
departments to see what does 'essential construction' mean," said Mike
Lyons, president of the Greater Capital Region Building and Construction Trades
Council. "I think private projects, for example a high-rise or strip mall
or residential housing, things like that, I don't believe those are going to be
able to continue."
Homebuilders will have to stop construction unless it's a
one-person job or there's an unsafe condition that must be secured, such as a
foundation that was dug in a housing development with occupied residences,
according to Lewis A. Dubuque, executive vice president of the New York State
Builders Association.
The building and trades council represents 22,000 workers in
various trades in the Albany region.
Under the order, every job site, regardless if it's
essential or emergency nonessential, must maintain social distancing, including
inside elevators and for meals, entry and exit.
Sites that can't maintain distance and safety best practices
must close. The state, city and local governments will enforce the rules, with
fines of up to $10,000 per violation.
