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Ex. ND-041 Order Primary source read

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

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)

Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan) · North Dakota (State)

The COVID Project

The record

Jurisdiction
North Dakota
Level
State
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 'ND Smart Restart Large Gathering Tiered Capacity document')
Issued
2020-05-15 May 15, 2020
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 (read as 2020-05-15)
End
Risk-level recommendations were converted to guidelines statewide on Jan. 18, 2021 (Exs. ND-073, ND-074); the emergency ended Apr. 30, 2021 (read as 2021-01-18)
In force
May 15, 2020 to Jan. 18, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitation types
Capacity limitGathering capOther
Addressees
  • all industries
  • local governments (county risk levels)
Functions reached
  • MC meetings and conventions
  • BQ banquets
  • DR
  • SL
  • FC
  • GATH
Collection
North Dakota ND

Operative words

Orange / High Risk is the level of guidance for mitigation strategies that North Dakota functioned under... emphasizing 'Stay Home. Stay Healthy. Stay Connected.' 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)

Notes

The plan itself is guidance; its legal bite came through the executive orders that incorporated it. It records the State's own description of March 20 to April 30, 2020 as the 'Orange / High Risk' period: 'Only essential travel and essential critical infrastructure' with 'Stay Home' as the operative message.