RikEDS MAPA 1b A FHT FAGINA OF STATE NOTICE OF EMERGENCY RULE DECISION BY THE SECRETARY OF STATE ‘AGENCY: Bureau for Public Health, Department of Health and Human Resources RULE: 64CSR 114 STATUTORY AUTHORITY: W. Va. Code § 16-1-4, 16-1 and 29A-3-16. DATE FILED AS AN EMERGENCY RULE: April 18, 2020, Following review under W. Va. Code §29A-3-16a, which requires the Secretary of State to determine that the agency fing such emergency rule: 1) has not exceeded the scope of law authorizing or directing the promulgation thereof; 2) has shown that an emergency exists justifying the promulgation of an emergency rule; and 3) filed the emergency rule in compliance with W. Va. Code §29A-3-15, itis the decision of the Secretary of State that the above ‘emergency rule is Approved. {tis the determination of the Secretary of State that this proposal qualifies under the definition of ‘an emergency as defined in §29A-3-15(f) X_(1) For the immediate preservation of the public peace, health, safety and welfare; (2) 0 comply with a time limitation established by the W. Va. Code or by a federal statute (regulation; or X_ (3) fo prevent substantial harm to the public interest. ‘Additional notes or comments (if any):eacsri14 Time64 LEGISLATIVE RULE BUREAU FOR PUBLIC HEALTH IEPARTMENT OF HEALTH AND HUMAN RESOUR ‘SERIES 114 PUBLIC HEA INDARDS FOR BUSINES: INING OPEN DURING THE COVID-19 OUTBREAK _ General. Scope. This emergency tule establishes uniform public health standards for businesses ‘operating in the state during the declared state of emergency due to the COVID-19 pandemic, and the of sed li local local governing body order related to the COVID-19 pandemic. 12. Authority «= W, Va, Code §§ 16-3-1, 16-1-4, and 2943-15, 13, Filing Date — LA. Effective Date = 1.5._Sunset Provision — This rule shall terminate and have no further for fect upon the e of five years from its effective date rule, ds the lic by Executive Order of the Governor af the State of West Vitginia, Enforcement — this ul enforced by the Commi the West Virginia Bureau for Public Health or by the Local Health Officer of the Local Board of Health forthe jurisdiction in which the business operates. $64-114-2. Definitions, ness —- A business or operation by private or o {including non-profit businesses or operations in West Virginia permitted to remain operational or open {0 the public by Executive Order of the Governor of the State of West Virginia during the state of emergency, 2.2. Commissioner The Commissioner of the Bureau for Public Health of the West Virginia Department of Health and Human Resources, 23. Customer = The amount of floor space open tothe public by the busines 2.4._Local Health Officer . The individual who fulfils the duties and responsibilities of the health cer fora local board of health or hs or her designe. 2:5, Public Persons not emplovees ofthe business 3 Businesses and Operationssacsnina .1L_Essential Businesses and Operations. As defi Executive Order 9-20, of as Jed by subsequent Executive Order, any business conducted by private or public employers or entities, or both, ‘ncluding non-profit businesses or operations in any county, shall direct their employees, contractors, and vendors to work fro the maximum extent possible, or to otherwise work remotel 10 limit the circumstances requiring their /e0s to leave home, Public Health Standards for Businesses Remaining Open, Notwithstanding the provisions of ragraph 3.1., businesses that to remain open must take the following minimum additional actions: 3.2.2, Implement a written plan to limit staff, contractors, and vendors to essential personne! 2b. implement social distancing practices in the workplace where possible, including remaining 2 minimum six-foot distance from other pers 3.2.6. Supplying multiple, adequate disinfecting jenic supplies and dispensers to et as needed, such as disinf es oF spray, hand sanitizer, and water sistent wi wed 19 forth herein Provide protective barriers f 100s exposed to the general 3.3. Public Acces tions, All businesses that remain open to the publi mit access to the general public as follows: 3.3.2, No more than two indi embers of the public may enter a business per 1,000 square feet of customer floor space at anv given time; businesses of less than 1,000 square feet of customer floor hat than fi venti, 3.3.b, For businesses whose sales are comprised of at roent grocery food products or ‘more, no more than three members of the public may enter a business per 1,000 square feet of customer floor space at any , “To ensure that the number of people per square foot reauirem ot violated, each 3c. a umber of people per square foot requirements are 1 ed, business shall rack the number of people who enter and leave the business and control the capacity on 2one-in, one-out, jer the maximum capacity required jection has been reached, 3.3.4, All businesses shall ta 1 to establish appropriate social dist weasures for the ‘public to the greatest extent possible, including but not limited to, marking areas a minimum of six feet apart at any area where persons are likely to stand or wait inline, creating one-way aisles, an her restrictions which limit close contact with other peopl 33. Toth racticable, a business shall enc its customers to place thelr order to allow customers to piek up and .out entering the busines: 3.3.4 Any business that rem: to the public shall prominently display the direct ‘equired by this section in a conspicuous manner at each public point of entry to the business, 114-4,sacsriia erson who is sublect rovisions of this rule who comply with the requirem herein or otherwise fails to act in accordance with this rule may be sublect to enforcement order issued bythe Commissioner or local health officer, and is gulty of a misdemeanor, and, upon conviction thereof, e fined not less. 5. han $200, as provided by W, Va, Code §16-3-2. 114-5, Administrative Due Process. 5 son adversely affected lorcement of this rule desir tested case heariny to determine any rights, duties, interests or privileges shall do so in a manner prescribed in the Bureau ‘procedural rule, Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64CSR2,