Executive Department

Dover

SIXTH REVISION TO THE TWENTY-SEVENTH MODIFICATION OF THE

WHEREAS, on September 3, 2020 at 7:00 p.m. E.D.T., I issued the Twenty-Seventh

Modification to the State of Emergency, combining all active COVID-19 restrictions into a single

order (as used herein the “Omnibus Modification”), a complete copy of which is incorporated

herein by reference and available at https://de.gov/27soe; and

WHEREAS, on September 25, 2020 at 2:00 p.m. E.D.T., I issued the First Revision to the

Omnibus Modification to, among other things, lift the suspension on FOIA responses and permit

extension of certain state employee leave policies; and

WHEREAS, on November 5, 2020 at 2:00 p.m. E.D.T., I issued the Second Revision to

the Omnibus Modification to lift additional restrictions on bar service in beach towns from Lewes

down to Fenwick Island; and

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 WHEREAS, on November 20, 2020 at 3:45 p.m. E.D.T., I issued the Third Revision to

the Omnibus Modification to formally impose restrictions on indoor and outdoor gatherings, and

reducing occupancy in restaurants to no more than thirty percent (30%); and

WHEREAS, on December 10, 2020 at 5:00 p.m. E.D.T., I issued the Fourth Revision to

the Omnibus Modification imposing additional restrictions to confront the winter surge of COVID-

19 hospitalizations in Delaware; and

WHEREAS, on January 8, 2021 at 10:00 a.m. E.D.T., I issued the Fifth Revision to the

Omnibus Modification lifting the curfew placed on bars and restaurants and allowing sports to

resume with restrictions; and

WHEREAS, except as specifically set forth herein, this Revision shall in no way modify,

alter or amend the remaining terms of the Omnibus Modification, all of which shall remain in full

force; and

WHEREAS, new market entrants are not exempt from the prohibition on price gouging

during the State of Emergency; and

WHEREAS, because municipal and school district elections are scheduled to be

conducted, and such elections will necessarily result in gatherings of individuals and potential

exposure to (and community spread of) the COVID-19 virus (of voters and poll workers), the

qualification of “sick or physically disabled” shall include any voter who is asymptomatic of

COVID-19 infection and/or wishes to self-quarantine or exercise social distancing; and

WHEREAS, it is necessary for the State of Delaware to collect, store, and share

comprehensive data relating to vaccination events with the Centers for Disease Control and

Prevention (CDC), as the distributor and funder of the vaccine; and

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 WHEREAS, the CDC will require the State of Delaware to account for all doses received

by state, and has provided the State of Delaware with a list of certain data elements in order to

create an accurate accounting of administration of vaccines, ensure correct matching of the second

dose, to ensure both dose number and product are consistent with federal guidance, to identify

vaccine and patient information in the event of adverse events to address safety issues, and to

assess the efficacy of vaccine among different demographic groups within the population; and

WHEREAS, the CDC also requires data from all states, including Delaware, to ensure

proper vaccine allocation, ordering, distribution, and inventory management; and

WHEREAS, the Delaware Division of Public Health has created statewide COVID-19

Vaccination Guidance, which includes distribution of a COVID-19 vaccine for administration to

every person in the State of Delaware as soon as such a vaccine becomes available; and

WHEREAS, it is in the best interests of the people of the State of Delaware to have timely

and equitable access to COVID-19 vaccine to end the Pandemic's impact on persons and

businesses in the state; and

WHEREAS, timely and effective distribution of the COVID-19 Vaccine will require

coordination and sharing of information, including specific details concerning the amount of

vaccine required, the number and efficacy of vaccine doses administered, the statewide and

regional areas in most need of vaccine due to vulnerable or high-risk populations, need for

administration in long-term care facilities, and information relating to coverage gaps; and

WHEREAS, in the interest of protecting the citizens of this state from a public health

threat, the Governor is authorized by law to issue an order reasonably necessary to suspend the

provisions of any regulatory statute prescribing the procedures for conducting state business, or

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the orders, rules, or regulations of any state agency, where strict compliance with such provisions

may hinder necessary action in coping with the emergency.

NOW, THEREFORE, I, JOHN C. CARNEY, pursuant to Title 20, Chapter 31 of the

Delaware Code, to control and prevent the spread of COVID-19 within the State of Delaware, do

hereby order that Sections E, G, I, N, O, and P are hereby modified, effective Friday, February 12,

2021 at 8:00 a.m. E.D.T. unless otherwise specified herein, by making deletions as shown by strike

through and insertions as shown by italics as follows:

E. Consumer Protection.

4. Effective February 4, 2021 at 9:00 a.m. E.D.T., no person doing business in this State

shall engage in price gouging during the COVID-19 State of Emergency, which shall

mean an excessive price increase of goods or services offered for sale by that person

compared to the sales price offered by that person in the usual course of business

immediately before the COVID-19 State of Emergency, unless that price increase is

attributable to additional costs imposed on the seller of such goods or services, such price

not to increase more than ten percent (10%) from the cost customarily applied in the usual

course of business prior to the COVID-19 State of Emergency. If a person doing business

in this State did not sell or offer to sell a good or service prior to the COVID-19 State of

Emergency, the price at which that good or service was generally available in the State

immediately prior to the COVID-19 State of Emergency will be used to determine if the

person is engaged in price gouging. A violation of this paragraph shall be deemed an

unlawful practice under § 2513 of Title 6 of the Delaware Code and a violation of

Subchapter II of Chapter 25 of Title 6.

G. Elections

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 3. Effective February 4, 2021 at 9:00 a.m. E.D.T., and until this provision is rescinded, for

purposes of qualification of an otherwise duly registered voter to vote in a 2021 municipal

election by absentee ballot pursuant to 15 Del. C. § 7571, and for purposes of qualification

of an otherwise duly qualified voter to vote in a 2021 school district election (school boards

or referenda) pursuant to 14 Del. C. § 1086 and 15 Del. C. § 5502, the qualification of

“sick or physically disabled” as used in 15 Del. C. §§ 5502(4) and 7571(4) shall apply to

and include any such voter who is asymptomatic of COVID-19 infection and/or wishes to

self-quarantine or exercise social distancing to avoid potential exposure to (and

community spread of) COVID-19, and who herself or himself freely chooses to use such

qualification to vote by absentee ballot.

I. FOIA — Public Records and Public Meetings

1. All public meetings of public bodies governed by 29 Del. C. §§10001 et seq. (including

boards, commissions, task forces, and any other similar public body) may be conducted in

person in public buildings, provided that (1) the total number of individuals permitted in a

room at one time shall not exceed thirty percent (30%) fifty percent (50%) of stated fire

occupancy requirements; (2) a six (6) foot radius around individuals is maintained, and (3)

attendees wear face coverings. Public bodies are encouraged to conduct meetings

electronically, either by means of telephone conference call or video conference call. Any

in-person meeting must also provide a telephone or video conference option for any

member of the public body or the public who does not wish to attend in person.

N. Phase Two Reopening

INDIVIDUAL OBLIGATIONS OF SOCIAL DISTANCING, FACE COVERINGS, AND

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3. Beginning on Monday, December 14, 2020 and until further notice, Delaware residents are

advised and strongly encouraged to stay home as often as possible and to only leave home

to go to work or school, or for necessary needs such as seeking medical care, going to the

grocery store or pharmacy, or picking up food. Individuals leaving their residence for

work, school or other activities are advised and strongly encouraged to take the following

steps to reduce transmission of COVID-19:

a. Do not gather with anyone outside of your household, in their home or yours.

b. Individuals who are not part of the same household are strongly encouraged to

remain at least six (6) feet apart to the greatest extent possible and are encouraged to

maintain greater physical distance whenever possible to avoid becoming a close

contact. The CDC definition of a close contact is “someone who was within six feet of

an infected person for a cumulative total of 15 minutes or more over a 24-hour period.”

c. Individuals aged Kindergarten and up must wear a face covering while in

attendance at any private indoor gathering or event with members of other households,

including in their own home, irrespective of physical distance.

d. Carry hand sanitizer and use it frequently.

e. Wash hands using soap and water for at least twenty (20) seconds as frequently as

possible.

f. Regularly clean high-touch surfaces such as steering wheels, wallets, phones and

keyboards.

g. Individuals who are sick are urged to stay in their residences except as necessary to

seek medical care. Individuals who are considering delaying medical care are

encouraged to consult with a medical provider.

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 h. Avoid any unnecessary travel outside the home.

4. All vulnerable individuals, including those at high risk of severe illness from COVID-19,

are strongly advised to stay at home, except that routine medical care should not be

postponed without consulting a medical professional. Members of households with

vulnerable residents should be aware that by visiting environments where distancing is not

practical, they could carry COVID-19 home. Precautions should be taken to isolate oneself

from vulnerable individuals in the home.

SOCIAL GATHERINGS AND EVENTS IN PHASE 2:

2. Indoor Gatherings/Events: All gatherings or events held within any business or indoor

space open to the public (including, but not limited to: food and drink establishments;

commercial lodging; convention centers; houses of worship; pools; senior centers; and

those in parks and recreation facilities or at facilities without a stated fire code occupancy)

shall comply with the gathering requirements set forth by this Twenty-Seventh

Modification. Indoor gatherings or events at any business or indoor space open to the

public of up to the lesser of thirty percent (30%) fifty percent (50%) stated fire occupancy

or ten (10) people (e.g. weddings and receptions, graduations, birthday parties, funeral

receptions, etc.) and private indoor gatherings or events of up to ten (10) persons (e.g.

dinner parties, house parties, birthday parties) are permitted in Phase 2 under the following

conditions:

PHASE 2 BUSINESS REOPENING

2. Phase 2 Responsibilities of all Businesses. In addition to the industry-specific guidance

issued to businesses in the Phase 2 Reopen Plan, including any subsequent amendments

thereto, business operations for any business that is re-opening or continuing operations

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 shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH,

including:

l. For fixed seating venues, only sixty percent (60%) fifty percent (50%) of patron

or visitor seating may be occupied and there must be a six (6) foot radius around

individual household units. Patrons and visitors must exit their seats in an orderly,

row by row fashion, as directed by venue staff.

3. Determination of Maximum Occupancy. With respect to the Phase 2 Reopen Plan,

maximum occupancy for a business means thirty percent (30%) fifty percent (50%) of

stated fire occupancy requirements, excluding employees, unless expressly stated

otherwise by the Phase 2 Additional Business Restrictions, effective December 14, 2020,

as set forth below.

4. The following business categories may continue operations or reopen subject to the

responsibilities listed in the Phase 2 Reopen Plan, and as amended, available at

https://governor.delaware.gov/wp-content/uploads/sites/24/2020/06/Delaware-Economic-

Reopening-PHASE-2.pdf, as follows:

a. Arts and Culture, Museums, Galleries, and Historical Attractions. The Arts and

Culture industry which is comprised of several different types of businesses:

Performing Arts; Museums, Galleries, Libraries, Historical Attractions and Arts

Education Institutions, may continue operations or reopen provided, however, that

the total number of guests permitted entry into an establishment at any one time

shall not exceed sixty percent (60%) fifty percent (50%) of stated fire occupancy

requirements. Additional requirements for Arts and Culture, Museums, Galleries,

and Historical Attractions are listed in the Phase 2 Reopen Plan.

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b. Food and Drink Establishments.

i. Providers of food or drink, such as restaurants, breweries, taverns, and

taprooms that provide table service may continue operations or reopen

provided, however, that the total number of guests within an establishment shall

not exceed thirty percent (30%) fifty percent (50%) of that establishment’s

stated fire occupancy requirements. Food and Drink Establishments are

required to notify patrons that they may provide their name and phone number

or email address to the establishment, and that the establishment will keep the

information on file for the sole purpose of allowing DPH to contact the patron

if another patron or an employee is later found to have tested positive for

COVID-19. If a patron leaves such contact information, the establishment must

retain the information for twenty-eight (28) days. The establishment need not

deny service to patrons who do not provide contact information for this purpose.

Additional requirements for Food and Drink Establishments are listed below

and in the Phase 2 Reopen Plan.

2. Establishments that are not able to reach at least thirty percent (30%) fifty

percent (50%) of fire code occupancy (excluding staff) while complying

with safety requirements may submit an alternative plan for COVID-safe

dining to DPH at [email protected]. Plans may not be

implemented until approved by DPH. Other than when eating or drinking,

staff and customers must wear a face covering in accordance with the State

of Emergency Order at all times.

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 6. Any common areas where people would typically stand or engage in

other activities must be off limits if not otherwise occupied by tables with

seated patrons., unless the Food and Drink Establishment can create a

facility-specific plan for such activities, including that Food and Drink

Establishments may not exceed fifty percent (50%) of stated fire occupancy

requirements for the indoor area under any circumstances. Plans should

be emailed to [email protected] for consideration. This includes

The use of dance floors, arcade/bar game areas, pool tables, and similar

spaces is not permitted until plans are approved by DPH. Food and Drink

establishments may not exceed thirty percent (30%) of stated fire occupancy

requirements for the indoor area under any circumstances.

7. For food and drink establishments that provide table service:

d. Food and Drink Establishments must place a sign on each table

stating that only customers from the same household may share a

table.

8. For food and drink establishments that do not provide table service:

d. The total number of guests within a facility shall at no time exceed

thirty percent (30%) fifty percent (50%) of fire occupancy

requirements.

ii. Notwithstanding the provisions of this Modification and the Phase 2 Reopen

Plan, effective Monday, November 23, 2020 at 8:00 a.m. E.D.T., the

following additional restrictions shall apply to taprooms and bar service in

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 all food and drink establishments, including to any service that is provided

indoors or outdoors:

2. Any common areas where people would typically stand or engage in other

activities must be off limits if not otherwise occupied by tables with seated

patrons., unless the Food and Drink Establishment can create a facility-specific

plan for such activities, including that Food and Drink Establishments may not

exceed fifty percent (50%) of stated fire occupancy requirements for the indoor

area under any circumstances. Plans should be emailed to

[email protected] for consideration. This includes The use of dance

floors, arcade/bar game areas, pool tables, and similar spaces is not permitted

until plans are approved by DPH. Food and Drink establishments may not

exceed thirty percent (30%) of stated fire occupancy requirements for the indoor

area under any circumstances.

c. Retail Establishments. Retail businesses, organizations, establishments, and

facilities in the State of Delaware that principally sell goods (“Retail Establishments”)

may continue operations or reopen to the general public, provided, however, that the

total number of guests permitted in a Retail Establishment at any one time shall not

exceed sixty percent (60%) fifty percent (50%) of that Retail Establishment’s stated fire

occupancy requirements. Additional requirements for Retail Establishments are listed

in the Phase 2 Reopen Plan.

d. Malls. A mall means a collection of stores that are all contained within a building

that contains interior walkways and common spaces between stores that consumers

pass through as they move from store to store. This does not include facilities that have

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a collection of stores but have no interior common area, otherwise known as strip malls.

Those strip malls should advise stores to follow individual guidance that may apply to

their individual store. Malls may continue operations or reopen to the general public,

provided, however, that the total number of guests permitted in a mall at any one time

shall not exceed sixty percent (60%) fifty percent (50%) of that mall’s stated fire

occupancy requirements. Additional requirements for malls are listed in the Phase 2

Reopen Plan. All restaurants, bars, or other food and beverage service, including the

food court, in a mall shall operate within the same parameters for Food and Drink

Establishments as set by this Twenty-Seventh Modification, except that the total

number of guests permitted in a food court at any one time shall not exceed fifty percent

(50%) of that facility’s stated fire occupancy requirements or one hundred (100)

individuals, whichever is less. Additional requirements for malls are listed in the Phase

2 Reopen Plan.

e. Personal Care Services. This section shall apply to barber shops, hair salons, tanning

salons, tattoo services, massage therapy services, nail care, brow care, spas, waxing

services, and similar services. These consumer services may continue operations or

reopen to the general public, provided, however, that the total number of guests

permitted in an establishment at any one time shall not exceed sixty percent (60%) fifty

percent (50%) of that facility’s stated fire occupancy requirements. If a customer must

remove a face covering for a service to be performed (e.g. make-up application, facial,

etc.) the professional providing services shall wear a face covering AND face shield

during the procedure until the client is able to wear their face covering or the procedure

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is complete, and six (6) feet of social distance can be maintained. Additional

requirements for consumer services are listed in the Phase 2 Reopen Plan.

f. Exercise Facilities. Exercise facilities may continue operations or reopen to the

general public, provided, however, that the total number of guests permitted in an

establishment at any one time shall not exceed thirty percent (30%) fifty percent (50%)

of that facility’s stated fire occupancy requirements. Group exercise classes are limited

to a maximum of ten (10) individuals (excluding staff). Facilities hosting multiple

group exercise classes at the same time must allow for a minimum of twenty (20) feet

between classes. All individuals must wear face coverings and individuals who are not

part of the same household must remain at least thirteen (13) feet apart during classes

and are encouraged to maintain greater physical distance whenever possible. Staff

must be on-site to monitor patrons entering the facility, to ensure social distancing

throughout the facility, and to ensure the use of face coverings in compliance with this

order. Additional requirements for exercise facilities are listed in the Phase 2 Reopen

Plan.

h. Casinos. Any establishment holding a gaming and table gaming license may

continue operations or reopen to the general public, provided, however, that the total

number of guests permitted in a casino at any one time shall not exceed sixty percent

(60%) fifty percent (50%) of that casino’s stated fire occupancy requirements.

Additional requirements for casinos are listed in the Phase 2 Reopen Plan.

i. Racetracks. Racetracks are any facilities in the state licensed for the racing of horses,

other animals or automobiles. Racetracks may continue operations or reopen to the

general public, provided, however, that the total number of guests permitted at a

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racetrack at any one time shall not exceed sixty percent (60%) fifty percent (50%) of

that racetrack’s stated fire occupancy requirements. Additional requirements for

racetracks are listed in the Phase 2 Reopen Plan.

l. Senior centers, adult day centers and senior congregate nutrition programs. Senior

centers, adult day centers and senior congregate nutrition programs may reopen,

provided, however, that the total number of guests (excluding staff) permitted in a

facility at any one time shall not exceed thirty percent (30%) fifty percent (50%) of that

facility’s stated fire occupancy requirements. Senior centers, adult day centers and

senior congregate nutrition programs are strongly encouraged to develop a plan to

support contact tracing if a positive case is associated with the business location,

including to request that customers provide contact information (name, email address,

and telephone numbers) and to record the date of service. In addition to the

responsibilities for all businesses, senior centers, adult day centers and senior

congregate nutrition programs must also:

m. Commercial Lodging. As used herein, Commercial Lodging includes hotels,

motels, inns, short-term accommodations, vacation homes, or condo rentals (such as

Airbnb, VRBO, HomeAway or any other vacation or overnight accommodation rental),

and other lodgings providing overnight accommodation. Commercial Lodging may

continue operations or reopen, provided that the total number of guests within common

areas (lobby) of any hotel, motel, or inn shall not exceed sixty percent (60%) fifty

percent (50%) of that establishment’s stated fire occupancy requirements, and the total

number of guests within any gym or exercise facility not exceed thirty percent (30%)

fifty percent (50%) of that establishment’s stated fire occupancy requirements. The

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sixty percent (60%) fifty percent (50%) limit does not apply to the number of hotel

rooms that may be booked or occupied at one time or to short term rental

accommodations, such as vacation homes or condo rentals. All restaurants, bars, or

other food and beverage service in Commercial Lodging shall operate within the same

parameters for Food and Drink Establishments as set by this Twenty-Seventh

Modification. All fitness centers, pools, spas, and all indoor places of congregation,

including conference rooms and meeting rooms, shall operate within the same

parameters as set by this Twenty-Seventh Modification. Additional requirements for

Commercial Lodging are listed in the Phase 2 Reopen Plan.

o. Private Instruction. Private instruction covers a wide variety of classroom-based or

similar instruction that is not in a traditional K-12 or post-secondary environment,

including tutoring services, testing centers, adult education, or specific vocational

training facilities (outside of traditional K-12 structures). Private instruction may

reopen, provided, however, that the total number of learners permitted in private

instruction at any one time shall not exceed sixty percent (60%) fifty percent (50%) of

that facility’s stated fire occupancy requirements. Additional requirements for private

instruction are listed in the Phase 2 Reopen Plan.

p. Auction Houses. Auction Houses may continue operations or reopen to the general

public, provided, however, that the total number of guests permitted in an Auction

House at any one time shall not exceed thirty percent (30%) fifty percent (50%) of that

Auction House’s stated fire occupancy requirements. Additional requirements for

Auction Houses are listed in the Delaware Auctioneer’s Association Guidelines issued

by the Delaware Department of Agriculture, incorporated by reference herein.

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q. Houses of Worship and Political Gatherings. Notwithstanding the indoor gathering

occupancy limits set forth in Paragraph N.2, Houses of Worship may continue to offer

in-person worship services, provided, however, that the total number of guests

permitted in a House of Worship at any one time shall not exceed the lesser of thirty

percent (30%) of that House of Worship’s stated fire occupancy or one hundred (100)

guests. In addition, and consistent with the authority offered to certain other businesses

or indoor spaces open to the public to modify capacity, a House of Worship may apply

to host worship services of more than one hundred (100) guests, but not to exceed thirty

percent (30%) of that House of Worship’s stated fire occupancy, by submitting a

facility-specific plan to [email protected] for consideration. Facility-specific

plans must outline how the applicant will prevent, reduce the spread of, and suppress

the transmission of COVID-19 during worship services in light of the requested

additional number of guests. Facility-specific plans may not be implemented until

approved by DPH. Notwithstanding the indoor gathering occupancy limits set forth in

Paragraph N.2, Houses of Worship may continue operations or reopen provided,

however, that the total number of guests permitted in a House of Worship at any one

time shall not exceed fifty percent (50%) of that House of Worship’s stated fire

occupancy. For purposes of this paragraph, a funeral mass, memorial service,

visitation, wake, or viewing within a House of Worship or funeral home shall be entitled

to the same occupancy parameters as Houses of Worship. For the purpose of clarity,

nothing in this paragraph prohibits a House of Worship: (1) from offering multiple or

additional daily worship services which otherwise comply with the requirements of this

Order, or (2) from the concurrent use of available outdoor space to facilitate wider

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 attendance at worship services when such use of outdoor space is otherwise compliant

with the outdoor gathering requirements set forth by this Twenty-Seventh

Modification. For purposes of this paragraph, political gatherings shall be entitled to

the same occupancy parameters and administrative remedies as Houses of Worship.

r. Swimming facilities (public or community). Public and private swimming facilities,

except pools associated with an individual, single-family home, may continue

operations or reopen provided, however, that the total number of guests permitted in a

swimming facility at any one time shall not exceed sixty percent (60%) fifty percent

(50%) of that swimming facility’s stated fire occupancy requirements. Additional

requirements for swimming facilities are listed in the DPH Guidance for Public and

Community Swimming Pools.

t. Convention Centers & Meeting Facilities. Convention centers and meeting

facilities may reopen provided, however, that the total number of guests permitted in a

facility at any one time shall not exceed sixty percent (60%) fifty percent (50%) of that

facility’s stated fire occupancy requirements. Additional requirements for convention

centers and meeting facilities are listed in the Phase 2 Reopen Plan.

PHASE 2 LIMITED BUSINESSES: The following businesses are not permitted to open during

Phase 2, except as provided:

2. Indoor children’s play areas, including softscape or hardscape playground facilities,

trampoline parks and children’s museums, unless they can create a facility-specific plan to

observe the industry guidance provided for indoor children’s play areas, including that that

the total number of guests permitted in a facility at any one time shall not exceed thirty

percent (30%) fifty percent (50%) of that facility’s stated fire occupancy requirements.

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 Plans should be emailed to [email protected] for consideration. The responsibility

for enforcing the occupancy limits lies with the facility operator.

3. Water parks, unless they can create a facility-specific plan to observe the industry guidance

provided for water parks, including that that the total number of guests permitted in a

facility at any one time shall not exceed thirty percent (30%) fifty percent (50%) of that

facility’s stated fire occupancy requirements. Plans should be emailed to

[email protected] for consideration. The responsibility for enforcing the

occupancy limits lies with the facility operator.

PHASE 2 ADDITIONAL BUSINESS RESTRICTIONS, EFFECTIVE DECEMBER 14, 2020:

Notwithstanding the provisions of this Modification and the Phase 2 Reopen Plan, effective

December 14, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply:

1. Determination of Maximum Occupancy. Maximum occupancy for all businesses

and indoor spaces open to the public is as follows:

a. Notwithstanding the indoor gathering occupancy limits set forth in Paragraph

N.2, Houses of Worship may continue operations or reopen provided, however,

that the total number of guests permitted in a House of Worship at any one time

shall not exceed forty percent (40%) of that House of Worship’s stated fire

occupancy. For the purposes of this paragraph, political gatherings shall be

entitled to the same occupancy parameters as Houses of Worship. For the

purposes of this paragraph, a funeral mass, memorial service, visitation, wake,

or viewing within a House of Worship or funeral home shall be entitled to the

same occupancy parameters as Houses of Worship.

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 b. Retail establishments of five-thousand square feet (5,000 sq. ft.) or less may

continue operations or reopen provided, however, that the total number of

individuals within the retail establishment shall not exceed forty percent (40%)

of that facility’s stated fire occupancy requirements.

c. Businesses with less than one-hundred thousand square feet (100,000 sq. ft.)

and retail establishments having five thousand and one square feet (5,001 sq.

ft.) but no more than one-hundred thousand square feet (100,000 sq. ft.) may

continue operations or reopen provided, however, that the total number of

individuals within them shall not exceed thirty percent (30%) of that facility’s

stated fire occupancy requirements.

d. 100,001+ SQ FT: All businesses, including retail establishments, having one-

hundred thousand and one or more square feet (100,001+ sq. ft.) may continue

operations or reopen provided, however, that the total number of individuals

within the business shall not exceed twenty percent (20%) of that facility’s

stated fire occupancy requirements.

2. Food and Drink Establishments. In addition to the maximum occupancy requirements set

forth above, the following additional restrictions shall apply to Food and Drink

Establishments:

a. The total number of guests permitted in a food court at any one time shall not exceed

twenty percent (20%) of that facility’s stated fire occupancy requirements or one

hundred (100) individuals, whichever is less.

b. Food and Drink Establishments must place a sign on each table stating that only

customers from the same household may share a table. Tables within food and drink

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 establishments are limited to parties of six (6) persons, consisting of no more than four

(4) adults.

3. Exercise Facilities. In addition to the maximum occupancy requirements set forth above,

the following additional restrictions shall apply to Exercise Facilities:

a. Group exercise classes are limited to a maximum of ten (10) individuals (excluding

staff). Facilities hosting multiple group exercise classes at the same time must allow

for a minimum of twenty (20) feet between classes. All individuals must wear face

coverings and individuals who are not part of the same household must remain at least

thirteen (13) feet apart during classes and are encouraged to maintain greater physical

distance whenever possible.

b. Staff must be on-site to monitor patrons entering the facility, to ensure social distancing

throughout the facility, and to ensure the use of face coverings in compliance with this

order.

O. Youth and Amateur Adult Sports

1. APPLICATION AND ENFORCEMENT.

iv. Out-of-State Travel. Effective Tuesday, December 1, 2020 Any individual who

participates in an out-of-state tournament or competition (e.g., (e.g., ice hockey, basketball,

football, competitive cheer or dance) must is strongly encouraged to immediately self-

quarantine in accordance with DPH guidance from the time of entry into Delaware or for

the duration of the individual’s presence in Delaware, whichever period is shorter.

3. SUBMISSION AND APPROVAL OF PLANS.

i. Tournaments are not permitted until plans for the tournaments are approved by DPH.

Tournament facilities shall submit plans to [email protected] for review.

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 Plans must include a method to collect contact information for all players, staff,

coaches, officials and spectators, as well as team rosters and game schedules to assist

with contact tracing in the event of a COVID-19 infection. Effective December 1, 2020

at 8:00 a.m. E.D.T., the hosting of or participation in out-of-state tournaments is hereby

prohibited. Effective December 7, 2020 at 8:00 a.m. E.D.T., and until further notice,

tournaments plans may be submitted but will not be approved by DPH, except that

tournaments having received approval from the Division of Public Health to play prior

to Monday, December 7, 2020 are hereby granted an exception to the restrictions on

tournaments in this paragraph, unless notified by DPH that a plan modification is

necessary for the public health and safety.

9. ADDITIONAL RESTRICTIONS, EFFECTIVE DECEMBER 14, 2020 FEBRUARY 12, 2021.

Notwithstanding the provisions of this Modification and the Phase 2 Reopen Plan, effective

December 14, 2020 Friday, February 12, 2021 at 8:00 a.m. E.D.T., the following additional

restrictions shall apply until further notice:

i. The maximum occupancy for any indoor practice is thirty percent (30%) fifty percent

(50%) of stated fire occupancy requirements, including athletes, coaches, and other

employees or staff, but excluding the one person permitted to accompany an athlete to any

practice as provided in Paragraph 7.v. of this section.

ii. Effective January 11, 2021, at 8:00 a.m. E.D.T., all All games, matches, and competitions

may resume, provided that the maximum occupancy for any game, match, tournament or

competition is thirty percent (30%) fifty percent (50%) of stated fire occupancy

requirements, including athletes, coaches, and other employees or staff, but excluding the

one person two individuals permitted to accompany an each athlete to any any game,

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 match, tournament or competition. Additional spectators are not permitted to attend any

game, match, tournament or competition.

P. Vaccine Administration. Effective February 4, 2021 at 9:00 a.m. E.D.T.:

1. All COVID-19 vaccinations shall be made available only to persons who meet current

criteria for inoculation as determined by DPH. The phases, criteria, or target population

will be established and modified over time by DPH in the form of the State of Delaware’s

COVID-19 Vaccination Guidance (“Vaccination Guidance”) and may be accessed at the

following website: https://coronavirus.delaware.gov/vaccine/

2. All health care providers, facilities and entities that decide to offer vaccinations shall make

those vaccinations available to any person meeting the vaccination criteria without regard

to that person's ability to pay, type of health insurance, or participation in any particular

provider network.

3. All health care providers, facilities and entities that offer vaccinations shall provide

vaccinations at no out-of-pocket cost to individuals.

4. All healthcare providers, facilities, and entities administering COVID-19 vaccination in

Delaware must report the vaccination within 24 hours to the Division of Public Health

through the Delaware Immunization Information System (DelVAX or its

derivative). Healthcare providers, facilities, and entities administering COVID-19

vaccination in Delaware must request and, when provided, report the vaccinated person's

date of birth, address, phone number, race, ethnicity, date of vaccination, lot number and

manufacturer of the vaccine administered, and other information as specified in the

Delaware Immunization Information System.

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5. Notwithstanding any provision of the Delaware Code or the common law of the State of

Delaware, all COVID-19 vaccine or the constituent parts of COVID-19 vaccine distributed

to any third party by the State of Delaware shall remain the property of the State of

Delaware until administered to a patient. Until the moment of vaccination, the State of

Delaware shall retain the authority to direct, redirect, reclaim, recover, and reallocate any

amount of COVID-19 vaccine or the constituent parts of COVID-19 vaccine without cause

and at the sole discretion of either DHSS or DEMA.

6. No person shall intentionally or willfully provide or distribute COVID-19 vaccine to

individuals who are not authorized to receive such vaccine pursuant to the Vaccination

Guidance, except as provided herein. Any health care provider who intentionally or

willfully provides or distributes, or who supervises someone who intentionally or willfully

provides or distributes the COVID-19 vaccine to any individual who is not authorized to

receive such vaccine pursuant to the Vaccination Guidance is guilty of unprofessional

conduct as that term is defined in Title 24 and may be subject to licensure discipline.

7. Exceptions to the Vaccination Guidance are authorized only as set forth in this

subparagraph. Vaccinations not authorized by the Vaccination Guidance are authorized

only for the purpose of preventing waste or spoilage of vaccine, but such vaccination shall

only be permitted under following conditions and circumstances:

i. COVID-19 vaccine has already been constituted for injection and the vaccinator is

unable, after a reasonable and diligent search, to locate any individual prior to

such vaccine becoming wasted or spoiled, who is (a) presently authorized by the

Vaccination Guidance to receive vaccination, and (b) willing to receive

vaccination;

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 ii. Any vaccinator providing COVID-19 vaccine to any individual not authorized to

receive such vaccine as set forth in the Vaccination Guidance shall maintain

written documentation of the reasonable and diligent search set forth in the

forgoing subparagraph; and

iii. Any vaccinator providing COVID-19 vaccine to any individual authorized to

receive such vaccine pursuant to the exception set forth herein shall maintain a

written log identifying every such individual.

8. Any person who, through the provision of false information to any third party, through any

medium, takes, exercises control over, or obtains COVID-19 vaccine or COVID-19

vaccination shall commit the offense of Theft; False Pretense as set forth at 11 Del. C. §

843.

9. Failure to comply with the data reporting requirements in this order may result in a fine

as authorized by 16 Del. C. § 107(a) and/or the cessation of vaccine distribution to the

noncompliant provider.

P. Q. Miscellaneous

APPROVED this 4th day of February 2021 at 9:00 a.m.

Governor

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