Pennsylvania Issues New Guidance Regarding Essential Businesses

The following categories of businesses are now permitted to continue operations under the Closure Order:

• • Wood Product Manufacturing: sawmills and wood preservation; veneer, plywood, and other engineered wood product manufacturing; other wood product manufacturing.
  • Nonmetallic Mineral Product Manufacturing: glass and glass product manufacturing, lime and gypsum product manufacturing.
  • Merchant Wholesalers and Durable Goods: lumber and other construction materials merchant wholesalers.
  • Telecommunications: telecommunications resellers, except that retail sales of devices at physical locations is not permitted.

In addition, the following limited exceptions have been added or revised:

• • Transportation Equipment Manufacturing; aerospace products and parts manufacturing: permissible activities include defense industrial base and transportation manufacturing under United States Cybersecurity and Infrastructure Security Agency (CISA) advisory, which can be obtained here.
  • Health and Personal Care Stores: pharmacies may continue operations.
  • Clothing and Clothing Accessories Stores; clothing stores: uniforms and accessories/supplies for public safety and health care professionals may be sold.
  • Sporting Goods, Hobby, Book, and Music Stores; sporting goods, hobby, and musical instrument stores: firearms dealers may operate physical businesses on a limited basis to complete only the portions of a sale/transfer that must be conducted in-person under the law, subject to the following restrictions: 1) all such sale/transfers will be conducted by individual appointment during limited hours only so as to minimize social interactions and congregating of persons; 2) the dealer will comply with social distancing, sanitization of applicable area between appointments, and other mitigation measures to protect its employees and the public.
  • Miscellaneous Store Retailers; other miscellaneous store retailers: pet stores may continue operations.
  • Nonstore Retailers; direct selling establishments: fuel sellers and bottled water sellers may continue to operate.
  • Securities, Commodity Contracts, and Other Financial Investments and Related Activities: no subsector is permitted to operate with the exception of financial services operations permissible under CISA advisory.
  • Professional, Scientific, and Technical Services; legal Services: legal services are permissible to the extent required to allow attorneys to participate in court functions deemed essential by a president judge per the Pennsylvania Supreme Court’s order of March 18, 2020, or similar federal court directive, and lawyers may access their offices to effectuate such functions and directives.
  • Professional, Scientific, and Technical Service; other professional, scientific, and technical services: veterinary services and translator/interpreter services are permissible.
  • Social Assistance; child day care services: reference is made to the Stay at Home Guidance, available here. Presently the Stay at Home Guidance allows child care services for employees of life-sustaining businesses to remain open as follows: child care facilities operating under the Department of Human Services, Office of Child Development and Early Learning waiver process; group and family child care operating in a residence; and part-day school age programs operating under an exemption from the March 19, 2020 business closure Orders.
  • Food Services and Drinking Places: drinking establishments may serve takeout and delivery.
  • Other Services in private households are permitted.

Finally, the following clarifications have been made:

• • Credit Intermediation and Related Activities, depository credit intermediation: clarification was made to note that this category includes consumer banks and credit unions using drive-through, ATM, and limited lobby services, all of which may continue operations.
  • Administrative and Support Services; services to buildings and dwellings: clarification was made to note that this category includes janitorial, pest control, and landscaping services.
  • Educational Services: All subsectors should follow the guidance of the Pennsylvania Department of Education, available here.
  • Accommodation; traveler accommodation: this was clarified to state that the category includes hotels and motels.
  • Repair and Maintenance: personal and household goods repair and maintenance includes motorcycle and bicycle repair, but not sales.

Please note, on April 5, 2020, the Pennsylvania Secretary of Health issued an Order mandating enhanced cleaning and disinfecting requirements for owners of large buildings. The Cleaning Order applies to owners of buildings of at least 50,000 square feet used for commercial, industrial or other enterprises, including but not limited to facilities for warehouses, manufacturing, commercial offices, airports, grocery stores, universities, colleges, government, hotels, and residential buildings with at least 50 units.

The Coronavirus Task Force at Klehr Harrison stands ready to assist you in your business and legal needs. We will continue to provide additional information and guidance as the COVID-19 situation develops.

Author Monica Clark Platt is an associate in the Litigation Department at Klehr Harrison.