Residential construction clarification: Essential but not mandatory
In the era of the United States vs. the coronavirus, information and direction changes by the minute.
Last week, the Department of Homeland Security (DHS) issued guidance on construction, saying most of the industry remains essential and can continue to operate amidst the COVID-19 pandemic.
But the National Association of Home Builders (NAHB) has issued clarification on the DHS’s designation of single-family and multifamily housing as an “Essential Infrastructure Business.”
The NAHB said guidance from DHS is advisory in nature and is not considered a federal directive or standard. Additionally, this advisory list issued by DHS is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions.
According to the DHS, individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion.
“In other words, there is no mandatory federal order on what constitutes an essential business. This is guidance from DHS that individual states may follow. Many states have implemented their own rules in determining what type of business is considered essential. This advisory does not supersede state rulings,” the NAHB said.
Such has been the case in New York and Pennsylvania where essential construction has been limited primarily to infrastructure and life-saving projects.
“However, the DHS designation for residential construction as an essential business is still very good news for our industry,” the NAHB said.
For states that follow federal guidance in determining an Essential Infrastructure Business, single-family and multifamily construction will be included. For states that make their own rules, there is a possibility that residential construction may not be on their “essential” list.
The NAHB has created a map detailing which states and municipalities have enacted orders that may impact builders and where construction can continue.
Additional resources are available via the NAHB’s Coronavirus Preparedness and Response section.
Last week, the Department of Homeland Security (DHS) issued guidance on construction, saying most of the industry remains essential and can continue to operate amidst the COVID-19 pandemic.
But the National Association of Home Builders (NAHB) has issued clarification on the DHS’s designation of single-family and multifamily housing as an “Essential Infrastructure Business.”
The NAHB said guidance from DHS is advisory in nature and is not considered a federal directive or standard. Additionally, this advisory list issued by DHS is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions.
According to the DHS, individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion.“In other words, there is no mandatory federal order on what constitutes an essential business. This is guidance from DHS that individual states may follow. Many states have implemented their own rules in determining what type of business is considered essential. This advisory does not supersede state rulings,” the NAHB said.
Such has been the case in New York and Pennsylvania where essential construction has been limited primarily to infrastructure and life-saving projects.
“However, the DHS designation for residential construction as an essential business is still very good news for our industry,” the NAHB said.
For states that follow federal guidance in determining an Essential Infrastructure Business, single-family and multifamily construction will be included. For states that make their own rules, there is a possibility that residential construction may not be on their “essential” list.
The NAHB has created a map detailing which states and municipalities have enacted orders that may impact builders and where construction can continue.
Additional resources are available via the NAHB’s Coronavirus Preparedness and Response section.