.9:

Office of NO. 14 FY 20/21
The Governor DATE October 6, 2020

 

 

AN ORDER TO IMPLEMENT PHASE FOUR
OF THE RESTARTING ECONOMY PLAN

WHEREAS, I proclaimed a state of emergency on March 15, 2020 and renewed states of
emergency on April 14, 2020, May 13, 2020, June 9, 2020, July 8, 2020, August 5, 2020,
September 2, 2020, and September 30, 2020 to authorize the use of emergency powers in order to
expand and expedite the State?s response to the serious health and safety risks of the highly
contagious COVID-19 virus; and

WHEREAS, on April 29, 2020 I announced the implementation of the Restarting Maine ?3
Economy Plan (Restarting Plan), as the deliberative process to ease restrictions safely on
businesses and activities starting on May 15?, with successive phased-in actions to follow based on
progress in limiting the spread of and

WHEREAS, I have implemented the ?rst three phases of the Restarting Plan through Executive
Orders and agency guidance While responding to changing circumstances, new information, and
emerging threats; and

WHEREAS, the protective measures in the Restarting Plan have mitigated many of the harmful
public health and economic impacts of in Maine; and

WHEREAS, with the arrival of Fall and approach of Winter, Maine is new positioned to
implement Phase Four of the Restarting Plan; and

WHEREAS, additional modi?cations to the Restarting Plan and the Executive Orders
implementing it are now necessary and appropriate to prevent backsliding in public health while
providing reasonable increases in opportunities for certain activities; and

WHEREAS, the Maine Center for Disease Control (Maine CDC) now advises that the indoor
gathering limit can be increased safely, and that face covering requirements should be expanded
and modi?ed in certain respects; and

WHEREAS, a governor's emergency powers include under 37-B M.R.S. Ch. 13 the authorities to
limit occupancy of premises within the State pursuant to to take whatever action
is necessary to abate or mitigate the danger of this pandemic pursuant to 742(1)(C)(l2), to utilize
all available resources of the State Government as reasonably necessary to cope with this pandemic
pursuant to and to delegate any authority vested in the Governor under 37-B
M.R.S. Ch. 13 pursuant to 

NOW, THEREFORE, I, Janet T. Mills, Governor of the State of Maine, pursuant to 37-B M.R.S.
Ch. 13, including but not limited to the authorities cited in the Proclamations, Orders and
provisions referenced above, do hereby Order as follows:

I. ORDERS

A. FACE COVERINGS

1. Publicly accessible portions of government facilities. To clarify the scope of
settings subject to guidance and ensure public health protections within
government buildings, the de?nition of ?public setting? in section of
Executive Order 49 FY 19/20 is clari?ed by adding the following subsections:

Portions of municipal, county, and state government buildings and
grounds that are typically accessible to the public, including parking
lots, walkways, lobbies, waiting areas, elevators, service desks, and
related hallways. For the purpose of this section, government
buildings and grounds include those privately owned and leased for
government use;

Other locations that Maine CDC, DHHS, and DECD identify as
presenting a risk of transmission of the virus.

2. Publicly accessible portions of retail, commercial and certain other
establishments. To ensure public health protections within retail and
commercial establishments, section of Executive Order 2 FY 20/21 is
amended as follows:

Retail stores with over 50,000 square feet of shopping space (as de?ned in
Executive Order 28-A-2 FY 19/20), eating establishments, bars, tasting
rooms, social clubs, and lodging operations and accommodations (as
de?ned in Executive Order 57 FY 19/20) shall implement measures
requiring customers and employees to wear face coverings in publicly
accessible areas consistent with guidance. Such measures may, for
example, include denial of entry or service. The establishment?s
responsibility under this section is in addition to compliance with all other
applicable Executive Orders, State of Maine guidance and the Restarting
Maine?s Economy Prevention Checklists, including
requirements governing the use of signage.

3. Schools and childcare settings. To ensure public health protections within

schools and childcare settings, section of Executive Order 49 FY 19/20,
and section KB) of Executive Order 6 FY 20/21, are repealed and replaced by
the following:

Face coverings are recommended for children ages 2 to 4 unless deemed
developmentally inappropriate. Face coverings are required for all persons
age 5 and older in all school and childcare settings, both public and private.

Exceptions: Face coverings are not required for a person:

Under age 2;

During vigorous exercise;

Who has trouble breathing or related medical conditions, or
who is otherwise unable to put on or remove the mask
without assistance;

With a developmental issue that is complicated or irritated
by a face covering.

A person who cannot wear a cloth face covering because of a medical or
developmental condition is not required to produce medical documentation of
the condition, provided that an employer may require such documentation from
an employee, and a school may require such documentation from a student in
accordance with state and federal law. Nothing in this Order should be
interpreted as preventing an establishment, governmental facility, or school
from making accommodations on an individualized basis to the extent required
by state or federal disabilities laws.

INDOOR GATHERINGS

Section of Executive Order 14 FY 19/20 and section of Executive Order
55 FY 19/20 are amended as follows:

1.

For establishments that provide and require seating for all invitees, the indoor
gathering limit is 50% of the facility?s permitted occupancy limit or 100
persons, whichever is less. For the purposes of this section, such establishments
include restaurants, bars, tasting rooms, houses of worship, social clubs, school
cafeterias, and other establishments identi?ed in the Restarting Plan.

For establishments that do not provide and require seating for all invitees, the
indoor gathering limit is 50.

All indoor gatherings are subject to applicable location and activity-based
requirements issued by Maine CDC, Maine Department of Health and Human
Services (DHHS), and Maine Department of Economic and Community

Development (DECD).

II. INTERPRETATION AND AMENDMENT

This Order is subject to interpretative guidance from Maine CDC, DHHS, and DECD.
ENFORCEMENT

This Order is subj eet to all available methods of enforcement.

IV. EFFECTIVE DATE

This Order takes effect October 13, 2020 and shall remain in effect until rescinded. Bars and

tasting rooms are subject to an activity-speci?c reopening date under interpretive guidance from
Maine CDC, DHHS, and DECD.

    

  

 

"t T. Mills
Governor