{"id":"ND-041","kind":"order","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan)","authority":"Guidance under the state of emergency (EO 2020-03); operative through EOs 2020-06.4 to 06.7 and 2020-43 (which incorporate the \u0027ND Smart Restart Large Gathering Tiered Capacity document\u0027)","instrument":"ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level","title":"State reopening plan fixing the risk levels and the industry capacity guidance by level (e.g., banquets and event venues at 50 percent of certificate of occupancy but no more than 250 at moderate risk; personal services at 50 percent at moderate and 75 percent at low risk)","dateIssued":"2020-05-15","effective":"2020-05-15 (guidance); the risk-level regime governed the recommendations from May 2020 through January 2021 and the tiered capacity document was incorporated by EO 2020-43 (Nov. 13, 2020) as a binding cap","end":"Risk-level recommendations were converted to guidelines statewide on Jan. 18, 2021 (Exs. ND-073, ND-074); the emergency ended Apr. 30, 2021","startDate":"2020-05-15","endDate":"2021-01-18","quarters":["2020Q2","2020Q3","2020Q4","2021Q1"],"types":["CAP","GATH","OTHER"],"addressees":["all industries","local governments (county risk levels)"],"clause":"Orange / High Risk is the level of guidance for mitigation strategies that North Dakota functioned under... emphasizing \u0027Stay Home. Stay Healthy. Stay Connected.\u0027 Only essential travel and essential critical infrastructure... recommended restrictions, such as avoiding groups greater than 10 people... Yellow / Moderate is the level of guidance for mitigation strategies that North Dakota functions under right now.... [Banquets, ballrooms, event venues:] certificate of occupancy for that room but no more than 250... [Personal services:] to 50% certificate of occupancy for that room... up to 75% certificate of occupancy for that room","enforcement":"Recommendations, except where incorporated by executive order (EO 2020-06.4 to 06.6 for reopening conditions; EO 2020-43 for the tiered capacity caps)","functions":["MC meetings and conventions","BQ banquets","DR","SL","FC","GATH"],"notes":"The plan itself is guidance; its legal bite came through the executive orders that incorporated it. It records the State\u0027s own description of March 20 to April 30, 2020 as the \u0027Orange / High Risk\u0027 period: \u0027Only essential travel and essential critical infrastructure\u0027 with \u0027Stay Home\u0027 as the operative message.","sourceUrl":"https://ndresponse.gov/sites/www/files/documents/covid-19/ND%20Smart%20Restart/Additional%20Resources/NDSmartRestartPlan-200515.pdf","snapshot":"http://web.archive.org/web/20200516074843/https://ndresponse.gov/sites/www/files/documents/covid-19/ND%20Smart%20Restart/Additional%20Resources/NDSmartRestartPlan-200515.pdf","fileExists":true,"fileBytes":1452737,"grade":"primary","character":"","description":"","collection":"ND","url":"/library/ND-041","exhibitUrl":"/exhibit/ND-041","citation":"Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041)","stateName":"North Dakota","related":["ND-073","ND-074","SEC-20-GM-056"]}