N.J. Admin. Code § Executive Order No. 163 (2020)
Governor Philip D. Murphy
Executive Order No. 163 (2020)
An Order Requiring Individuals to Wear Masks in Outdoor Public Spaces When They Cannot Social Distance
Issued: July 8, 2020.
Effective: July 8, 2020.
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, and 162, issued on April 7, 2020, May 6, 2020, June 4, 2020, and July 2, 2020, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act and the Emergency Health Powers Act, to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133, Nos. 135-138, and Nos. 140-162 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, to further limit community spread from person-to-person contact through use of social mitigation measures, Executive Order No. 107 (2020) closed all non-essential retail businesses, as well as all recreational and entertainment businesses, and limited all restaurants, dining establishments, and food courts, with or without a liquor license, all bars, and all other holders of a liquor license with retail consumption privileges, to offering food delivery and/or take-out services only; and
WHEREAS, given the decrease in the rate of reported new cases of COVID-19 in New Jersey, including a reduction in the total number of individuals being admitted to hospitals for COVID-19, the State began to take steps to lift certain restrictions that were designed to limit person-to-person contact; and
WHEREAS, even as the rate of reported new cases of COVID-19 decreases, the ongoing risks presented by COVID-19 mean that many of the State's current measures must remain in place, both to reduce additional new infections and to save lives; and
WHEREAS, after consultation with officials from the Department of Health, I announced a multi-stage New Jersey's Road Back Plan for the methodical and strategic reopening of businesses and activities based on scientific data and metrics concerning the level of disease transmission risk and essential classification; and
WHEREAS, even as the State began to permit businesses to reopen indoor premises to the public, the State required all individuals to wear face coverings inside those premises, because face coverings have been demonstrated to significantly reduce the risk of COVID-19 transmission from person-to-person contact, and therefore are particularly necessary in high-risk indoor environments; and
WHEREAS, face coverings have been consistently required in indoor areas of retail businesses, recreational and entertainment businesses, food and beverage establishments, personal care service facilities, and mass transit, among others, reflecting the State's judgment that face coverings are needed to prevent the spread of COVID-19 in indoor areas; and
WHEREAS, while office buildings may have policies that allow for flexibility regarding employees who may not be interacting with others for certain periods during the workday, they should ensure that individuals who are in prolonged proximity are wearing face coverings to reduce the risk of COVID-19 transmission; and
WHEREAS, the Commissioner of the Department of Health has established appropriate policies concerning use of face coverings at child care centers, other child care facilities, and youth summer camps; and
WHEREAS, as the season has turned to summer and the State has reopened many businesses and activities, we have seen more and more examples of crowded outdoor settings, including at outdoor bars, beaches, and boardwalks; and
WHEREAS, while the risk of transmission is significantly lower in outdoor settings than in indoor settings, concentrations of individuals in close proximity outdoors who are unable to socially distance still create a danger that COVID-19 can spread from person-to-person; and
WHEREAS, in such outdoor settings, the risk of transmission is significantly reduced when individuals wear face coverings if they are unable to socially distance; and
WHEREAS, public health authorities advise against wearing a face covering when engaging in high intensity aerobic or anaerobic workouts, while in the water, and in certain other circumstances in which the mask could pose a safety hazard; and
WHEREAS, in light of public health guidance and further review, the definition of outdoor areas can be amended for purposes of outdoor dining, recreation, and entertainment, consistent with the approach taken in other states, to include areas that have a fixed roof but have at least two open sides comprising over 50 percent of the wall space, thus providing sufficient natural airflow; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
N.J. Admin. Code Executive Order No. 163 (2020)