Based on data trends, Governor Roy Cooper announced that North Carolina will move into Phase 1 of a 3-phase plan on May 8, which modifies the stay-at-home order and allows some formerly closed businesses to reopen.

Executive Order No. 138 may be accessed at the following link: https://files.nc.gov/governor/documents/files/EO138-Phase-1.pdf

Section 4(A) and (B) of the Executive Order addresses restaurants and bars. Restaurants may remain open if consumption of food and beverages occurs off-premises and restaurants should follow social distancing transmission reduction recommendations, including the use of face coverings.

In addition, the Secretary of NCDHHS has determined that the seating areas of restaurants and bars constitute an imminent hazard for the spread of COVID-19 and restaurants must be restricted to carry-out, drive-through, and delivery only and bars must close.

Section 4(D) of Executive Order No. 138 addresses day camps and allows for operation if following the NCDHHS guidelines and while maintaining social distancing for sports and other activities. NCDHHS guidelines may be accessed at : https://files.nc.gov/ncdhhs/documents/files/covid-19/NC-Interim-Guidance-for-Day-Camp-Settings.pdf.

This Executive Order states that swimming pools may open for the purpose of the day camp, but must otherwise remain closed to the general public. If a swimming pool is to be used by the day camp, it must have a valid seasonal or annual permit to operate prior to opening for the camp. To avoid miscommunication, we recommend adding a statement to the swimming pool operation permit advising that, “issuance of a permit by this department does not negate requirements by Executive Order No. 120 and No. 138, or subsequent Orders in effect.” Please note that overnight camps may not operate in Phase 1.

Executive Order No. 138 is effective at 5 p.m. on May 8, 2020. Enforcement of the provisions in this Order are under state and local law enforcement. Local health departments are not responsible for oversight of these provisions and must not take permit action based on the Order. Alleged violations should be reported to local law enforcement.

For more information, visit the FAQs from Gov. Cooper’s office.

FAQs-for-Phase-1-EO-FINAL
Abatement Order Renewal 05 04 2020
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