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Ex. DUT-WV-019 Standing duty Primary source read

Guidance for Fitness Centers, Gymnasiums, and Recreation Centers (issued May 14, 2020, updated 5 p.m.)

Guidance for Fitness Centers, Gymnasiums, and Recreation Centers: 'Operational Restrictions/Requirements'; 40 percent occupancy; equipment spacing; PPE; closures of showers, pools and courts; screening

Office of Governor Jim Justice ('West Virginia Strong -- The Comeback') · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Office of the Governor, West Virginia Strong -- The Comeback, Guidance for Fitness Centers, Gymnasiums, and Recreation Centers (May 14, 2020)
Issued
2020-05-14 May 14, 2020
Effective
2020-05-18 (with EO 37-20) (read as 2020-05-18)
End
Capacity limits on gyms lifted Mar. 6, 2021 (EO 8-21; Ex. WV-060); framework terminated Apr. 20, 2021 (EO 12-21; Ex. WV-063) (read as 2021-03-06)
In force
May 18, 2020 to Mar. 6, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureWorkplace rulesOperating conditionOther
Addressees
  • specified businesses: fitness centers, gymnasiums, health clubs and recreation centers reopened under EO 37-20
Character
guidance incorporated
Collection
Standing duties: West Virginia DUT-WV

Operative words

OPERATIONAL RESTRICTIONS/REQUIREMENTS:... limit facility occupancy to 40 percent of capacity as dictated by fire code.... PPE: All employees and patrons must wear appropriate personal protective equipment (PPE), including appropriate face coverings to the greatest extent possible.... Failure to adhere to these guidelines may result in appropriate enforcement measures.

Penalty

'appropriate enforcement measures'; EO 9-20 para. 7 enforcement by law enforcement and licensing bodies

What it required

Recorded verb by verb: mandatory ('limit facility occupancy to 40 percent of capacity'; 'Implement strict social distancing guidelines of at least six feet'; 'All employees and patrons must wear appropriate personal protective equipment'; 'All patrons shall be required to wear appropriate personal protective equipment at all times'; 'All staff shall be required to wear appropriate personal protective equipment'; 'Screen all employees reporting to work'; 'Require patrons to sufficiently clean all equipment'); recommended ('The following should remain closed: Showers, locker rooms, and lockers... All swimming pools, hot tubs, saunas, steam rooms... Basketball courts, racquetball courts, indoor tennis courts'; group classes 'should be conducted outdoors'; 'should also consult the Guidance for West Virginia Small Businesses'); and the consequence clause 'Failure to adhere to these guidelines may result in appropriate enforcement measures.'

Retrieval note

EO 37-20's 'must operate in accordance with any requirements, limitations, or restrictions... issued or imposed from time to time' is the incorporation verb; the guide's heading 'OPERATIONAL RESTRICTIONS/REQUIREMENTS' is the Governor's own characterization of its content.