STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
At Charleston
EXECUTIVE ORDER NO. 9-20

By the Governor

WHEREAS, a State of Emergency was declared on the Sixteenth Day of March, Two
Thousand Twenty for all counties in West Virginia (the ?State of Emergency Declaration?), to
allow agencies to coordinate and create necessary measures to prepare for and respond to the

outbreak of respiratory disease caused by a novel coronavirus now known as and

WHEREAS, Chapter 15, Article 5, Section 6 of the Code of West Virginia authorizes the
Governor to, among other things, control ingress and egress to and from a disaster area or an area
where large-scale threat exists, the movement of persons within the area, and the occupancy of

premises therein; and

WHEREAS, Executive Order 2-20, Executive Order 3-20, Executive Order 6?20, and
Executive Order 8-20 have ordered closed or otherwise limited occupancy of businesses and
establishments such as casinos, restaurants, bars, ?tness centers, gymnasiums, recreation centers,
barber shops, nail salons, hair salons, state park lodges, and the Hat?eld McCoy Trail, all to protect

public health, safety, and welfare; and

WHEREAS, further measures are necessary to protect the health, safety, and welfare of
the public, to disrupt the spread of the virus, and to mitigate the impact of COVID-19, including

the closure of additional businesses and facilities throughout the state; and

WHEREAS, the Centers for Disease Control and Prevention and the West
Virginia Department of Health and Human Resources have recommend the public practice of
social distancing, meaning staying home whenever possible and otherwise maintaining a six feet

distance from other individuals, to minimize the transmission of and

WHEREAS, locations where people congregate unnecessarily and/or fail to follow

adequate social distancing practices are therefore areas of large-scale threat and emergency; and

WHEREAS, businesses that are to remain open will need to reduce their operations to
continue with minimum contact with members of the public and only essential employees, and

must require proper social distancing at all times; and

WHEREAS, these measures relating to the closure of certain businesses and to limit the
operation of non-essential businesses are necessary because of the propensity of the 
virus to spread via personal interactions and because of physical contamination of property due to

its ability to remain on surfaces for prolonged periods of time; and

WHEREAS, it is the duty of every West Virginian to practice proper social distancing and
to comply with these measures in order to protect our people, our families, and each other, against

this terrible epidemic.

NOW, THEREFORE, I, JIM JUSTICE, pursuant to the authority vested in me pursuant
to the provisions of Chapter 15, Article 5, Section 6 and Chapter 15, Article 5, Section 1 of the
Code of West Virginia, hereby DECLARE and ORDER, effective as of 8:00 PM, Eastern
Standard Time, on the Twenty-fourth day of March, Two Thousand Twenty, as follows:

1. Stay at home or your place of residence. To preserve public health and safety, and to
ensure the healthcare system in West Virginia is capable of serving all citizens in need,
especially those at high risk and vulnerable to COVID-19, all individuals within the State
of West Virginia are under a general stay-at-home order and are directed to stay at home
or their place of residence unless performing an essential activity. An activity is essential

if the purpose of the activity is one of the following:

a. Obtaining food, medicine, and other similar goods necessary for the individual or
a family member of the individual.

b. Obtaining non-elective medical care and treatment and other similar Vital services
for an individual or a family member of the individual.

0. Going to and from an individual?s workplace if such workplace and/or work is
included in the de?nition of Essential Businesses and Operations as outlined in
Section 3, below.

d. Going to and from the home of a family member.

e. Going to and from the home of another individual who, under the terms of a
parenting plan or similar agreement, is entitled to visitation with or the care of a
child.

f. Going to and from an individual?s place of worship.

g. Engaging in outdoor activity, provided that individuals at all times and as much as
reasonably possible maintain social distancing of six feet from one another and
abide by a 10?person limitation on gathering size.

2. Non-essential businesses and operations must temporarily cease operations. In
addition to those businesses directed to close or limit occupancy pursuant to previous
executive orders. all businesses and operations in West Virginia, except Essential
Businesses and Operations as de?ned below, are required to cease all activities within the
state except for such minimum basic operations as are necessary to maintain the value of
the business?s inventory, preserve the condition of the business?s physical plant and
equipment, ensure security, process payroll and employee bene?ts, or related functions,
and the minimum necessary activities to facilitate employees of the business being able to
continue to work remotely from their residences. Businesses such as home-based
businesses may continue to operate, so long as any employees or contractors of such
businesses perform activities from their own residences. Further, small businesses that do
not invite in the general public and which have ?ve or less employees in the of?ce may
continue to operate, but must ensure that proper social distancing and hygiene practices are
maintained.

3. Essential businesses and operations shall continue to operate. Essential Businesses and

Operations, as described below, shall remain open, and individuals may leave their

residence to provide any services or to perform any work necessary to offer, provision,
supply, operate, maintain, and/or repair Essential Businesses and Operations. The term
?Essential Businesses and Operations? includes those industries and workers described in
the US. Department of Homeland Security?s Cybersecurity and Infrastructure Security
Agency?s March 19, 2020, Memorandum on Identification of Essential Critical
In?asiructure Workers During COVID-19 Response and its ?Guidance on the Essential
Critical Infrastructure Workforce: Ensuring Community and National Resilience in
COVID-19 Response? attached thereto (the Guidance?). In addition to those
industries and workers identi?ed in the CISA Guidance, the following industries,
businesses, and/or workers employed in such industries and businesses are speci?cally
included as Essential Businesses and Operations under this Order:

a. Healthcare, public health operations, and health insurance companies.
Healthcare, public health operations, and healthcare insurance companies include
without limitation hospitals, clinics, dental of?ces, pharmacies, public health
entities, including those that compile, model, analyze, and communicate public
health information, pharmaceutical, pharmacy, medical device and equipment, and
biotechnology companies (including operations, research and development,
manufacture, and supply chain), managed care organizations and related entities
and attendant or related services, Medicaid providers, healthcare insurers,
organizations collecting blood, platelets, plasma, and other necessary materials
(including organizations hosting blood drives, provided that appropriate
precautions are taken, including proper social distancing and hygiene measures
during any such drive), obstetricians and gynecologists, care centers, including
those that sell or provide glasses and contact lenses, home healthcare providers,
mental health and substance use providers, other healthcare facilities and suppliers
and providers of any related and/or ancillary healthcare services, and entities that
transport and dispose of medical materials and remains. This includes
manufacturers, technicians, logistics, and warehouse operators and distributors of
medical equipment, personal protective equipment, medical gases,
pharmaceuticals, blood and blood products, vaccines, testing materials, laboratory

supplies, cleaning, sanitizing, disinfecting, or sterilization supplies, and tissue and

paper towel products. This category of industry shall be construed very broadly to
avoid any impacts to the delivery of healthcare, broadly de?ned. Healthcare and
public health operations does not include ?tness and exercise gyms, spas, salons,
barber shops, tattoo parlors, and similar facilities limited or closed under previous
executive order.

. Grocery stores and pharmacies. Grocery stores, pharmacies, farmers? markets,
farm and produce stands, supermarkets, convenience stores, and other
establishments engaged in the retail sale of groceries, canned food, dry goods,
frozen foods, fresh fruits and vegetables, pet supplies, fresh meats, ?sh, and poultry,
prepared food, alcoholic and non-alcoholic beverages, any other household
consumer products (such as cleaning and personal care products), speci?cally
including their supply chain and administrative support operations. This includes
stores that sell groceries, medicine, including over-the-counter medication not
requiring a medical prescription, and also those that sell other non-grocery
products, and products necessary to maintaining the safety, sanitation, and essential
operation of residences and Essential Businesses and Operations.

Food, beverage, and agriculture. Food and beverage manufacturing, production,
processing, and cultivation, including farming, livestock, seed and feed stores,
?shing, baking, and other production agriculture, including cultivation, marketing,
production, and distribution of animals and goods for consumption, and businesses
that provide food, shelter, and other necessities of life for animals, including animal
shelters, rescues, shelters, kennels, and adoption facilities. Restaurants and other
facilities that prepare and serve food and/or drinks, but only for consumption off-
premises, through such means as take-away, delivery, or drive-through/drive in.
Schools and other entities that typically provide food services to students or
members of the public may continue to do so under this Order on the condition that
the food is provided to students or members of the public on a pick-up or take-away
basis only. Schools and other entities that provide food services under this
exemption shall not permit the food to be eaten at the site Where it is provided, or
at any other gathering site due to the virus?s propensity to physically impact

surfaces and personal property.

(1. Essential governmental functions. For purposes of this Order, all ?rst responders,
emergency management personnel, emergency dispatchers, legislators, judges,
court personnel, jurors and grand jurors, law enforcement and corrections
personnel, hazardous materials responders, child protection and child welfare
personnel, housing and shelter personnel, military, and other governmental
employees working for or to support Essential Businesses and Operations, and all
state governmental employees deemed essential employees by their respective
agency head, are categorically exempt ?'om this Order. Essential government
functions means all services provided by the State or any municipality, township,
county, political subdivision, board, commission, or agency of government and
needed to ensure the continuing operation of the government agencies or to provide
for or support the health, safety, and welfare of the public, and including contractors
performing such essential government functions. Each government body shall
determine its essential government functions and identify employees and/or
contractors necessary to the performance of those functions. This Order does not
apply to the United States government. Nothing in this Order shall prohibit any
individual from performing or accessing essential government functions.

e. Human services organizations and childcare facilities and providers. Human
services operations includes without limitation long-term care facilities, day care
centers, day care homes, group day care homes, residential settings and shelters for
adults, seniors, children, and/or people with developmental disabilities, intellectual
disabilities, substance use disorders, and/or mental illness, transitional facilities,
home-based settings to provide services to individuals with physical, intellectual,
and/or developmental disabilities, seniors, adults, and children, ?eld of?ces that
provide and help determine eligibility for basic needs including food, cash
assistance, medical coverage, child care, vocational services, rehabilitation
services, development centers, adoption agencies, businesses that provide food,
shelter, and social services, and other necessities of life for economically
disadvantaged individuals, individuals with physical, intellectual, and/or
developmental disabilities, or otherwise needy individuals, and child care centers,

day care centers, and those engaged in caretaking for children.

f. Essential infrastructure. Businesses, entities, or workers engaged in food
production, distribution, ?il?llment centers, storage facilities, preparation, and sale,
construction (including without limitation construction required in response to this
public health emergency, hospital construction, construction of long-term care
facilities, public works construction, school construction, essential business
construction, and housing construction), business management and maintenance,
airport operations, operation, maintenance, and supply of utilities, including water,
sewer, and gas, electrical (including power generation, distribution, and production
of raw materials including without limitation coal and oil and natural gas),
distribution centers, oil and bio?iel re?ning, roads, highways, railroads, and public
transportation, cyber and other security operations and services, ?ood control, solid
waste and recycling collection and removal, and internet, video, and
telecommunications systems (including the provision of global, national, and local
infrastructure for computing services, business infrastructure, communications, and
web?based services) and telecommunications workers. Essential infrastructure shall
be construed broadly to avoid any impacts to essential in?'astructure, broadly
de?ned.

g. Coal mining and coal-?red electric generation facilities. Coal mining and coal-
?red electric generation facilities, as well as all ancillary and support functions
ranging from transportation, maintenance, equipment, and supply vendors.

h. Manufacture, distribution, and supply chain for critical products and
industries. Manufacturing companies, distributors, and supply chain companies
producing and supplying essential products and services in and for industries such
as pharmaceutical, technology, biotechnology, healthcare, chemicals and
sanitization, waste pickup and disposal, agriculture, food and beverage,
transportation, energy, iron ore, steel and steel products, aluminum and aluminum
products, petroleum, propane, and fuel, mining, construction, national defense,
communications, as well as products used by other Essential Businesses and
Operations including without limitation ?lters and ?ltration products and services.

i. Transportation and travel related businesses and gas stations. Travel related

businesses facilitating access to or provision of essential activities or any Essential

Businesses and Operations, including without limitation airlines, taxis,
transportation network providers (such as Uber and Lyft), vehicle rental services,
paratransit, and other private, public, and commercial transportation and logistics
providers, travel or transport of agricultural products, foodstuffs, or related items,
or other governmental travel needs, and gas stations and automobile dealers and
other suppliers, auto repair, farm equipment, construction equipment, and related
facilities and related facilities.

Financial and insurance institutions. Banks and banking services including
without limitation ATM services, currency exchanges, consumer lenders, credit
unions, appraisers, title companies, ?nancial markets, trading and futures
exchanges, payday lenders, af?liates of ?nancial institutions, professional debt
collectors and related creditor service workers, workers engaged in payment
clearing and settlement, wholesale funding, and capital markets activities, entities
that issue bonds, related ?nancial institutions, institutions selling ?nancial
products, insurance companies, underwriters, agents, brokers, and related insurance
claims and agency services.

. Hardware and supply stores. Hardware and supply stores and businesses that sell
construction. electrical, plumbing, and heating materials.

Critical trades. Building and construction tradesmen and tradeswomen, and other
trades including without limitation plumbers, electricians, exterminators, ?ltration
technicians, cleaning and janitorial staff for commercial and governmental
properties, security staff, operating engineers, HVAC engineers, painting, moving,
and relocation services, and other service providers who provide services that are
necessary to maintain the safety, sanitation, and essential operation of residences,
essential activities, and Essential Businesses and Operations.

. Mail, post, shipping, logistics, delivery, and pick-up services. Post of?ces and
other businesses that provide shipping and delivery services, and businesses that
ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods,
vehicles, or services to end users or through commercial channels.

. Religious entities. Religious facilities, entities, and groups and religious

gatherings, including weddings and funerals; provided that such gatherings should

still practice proper social distancing of six feet between persons to the greatest
extent possible.

. Educational institutions. Educational institutions including public and private
pre-K-12 schools, colleges, and universities for purposes of facilitating distance
learning, performing critical research, or performing essential functions including
providing for the delivery or pick-up of food for school age children; provided that
proper social distancing of six feet between persons is maintained to the greatest
extent possible.

. Laundry services. Laundromats, dry cleaners, industrial laundry services, and
laundry service providers.

. Supplies to work from home. Businesses that sell, manufacture, or supply
products needed for people to work from home, including IT and
telecommunications services and product companies.

Supplies for Essential Businesses and Operations. Businesses that sell,
manufacture, or supply other Essential Businesses and Operations with the support
of materials necessary to operate, including computers, audio and video electronics,
household appliances, IT and telecommunications equipment, cybersecurity
software or services. hardware, paint, ?at glass, electrical, plumbing, and heating
material, sanitary equipment, personal hygiene products, food, food additives,
ingredients, and components, medical and orthopedic equipment, optics and
photography equipment, diagnostics, food and beverages, chemicals, soaps and
detergents, tent and other temporary structure suppliers, and ?rearm and
ammunition suppliers and retailers.

Home-based care and services. Home-based care for adults, seniors, children,
and/or people with developmental disabilities, intellectual disabilities, substance
use disorders, and/or mental illness, including caregivers such as nannies who may
travel to the child?s home to provide care, and other in-home services including
meal delivery.

Residential facilities and shelters. Residential facilities and shelters for adults,
seniors, children, pets, and/or people with developmental disabilities, intellectual

disabilities, substance use disorders, and/or mental illness.

11. Professional services. Professional services, such as legal services, accounting
services, insurance services, real estate services (including appraisal and title
services).

v. Media and first amendment protected speech. Newspapers, television, radio,
and other media services.

w. Hotels and motels. Hotels and motels, to the extent used for lodging and delivery
or carry-out food delivery.

x. Funeral services. Funeral, mortuary, cremation, burial, cemetery, and related
services; provided that proper social distancing of six feet between persons is
maintained to the greatest extent possible.

4. Prohibited activities. All places of public amusement, whether indoors or outdoors,
including but not limited to locations with amusement rides, carnivals, zoos, museums,
arcades, fairs, pool halls, bingo halls, malls (except where stores in a mall that have a direct
outdoor entrance and exit that provide essential services and products under the terms of
this Order), children?s play centers, playgrounds, bowling alleys, movie and other theaters,
concert and music halls, adult entertainment venues, racetracks, social clubs, and other
similar businesses shall be closed.

5. Avoid social gatherings. All public and private gatherings of any number of people
occurring outside a single household or living unit are prohibited, except for the limited
purposes permitted by this Order. Any gathering of more than 10 people is prohibited
unless exempted by this Order. Nothing in this Order prohibits the gathering of members
of a household or residence.

6. Intent of this Order. The intent of this Order is to ensure that the maximum number of
people self-isolate in their places of residence to the maximum extent feasible, while
enabling essential services to continue, to slow the spread of COVID-19 to the greatest
extent possible. When people need to leave their places of residence, whether to perform
essential activities, or to otherwise facilitate authorized activities necessary for continuity
of social and commercial life, they should at all times and as much as reasonably possible
properly socially distance themselves from others. All provisions of this Order should be

interpreted and implemented to effectuate this intent.

7. Enforcement. This Order may be enforced by State and local law enforcement and by state
and local regulatory and/ or licensing bodies to the extent possible under West Virginia law.
8. Duration. The provisions of this Order, and all previous executive orders relating to

are effective until terminated by subsequent executive order.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the

State of West Virginia to be af?xed.

DONE at the Capitol in the City of
Charleston, State of West Virginia, this
Twenty-third day of March, in the year of our

Lord, Two Thousand Twenty in the One

Hundred Fifty-seventh year of the State.

   

By the Governor



SECRETARY OF STATE