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Building and Planning Services Coronavirus Health Order and Restrictions on Construction

On March 31, 2020, the Marin County Health Officer extended the shelter-in-place order (“Public Health Order”) through May 3, 2020. Among changes made are additional restrictions placed on construction activities. With the exception of “essential” construction, most existing construction activities are suspended in order to reduce travel and human exposure consistent with the Public Health Order.

Essential construction is defined as:

  1. Projects immediately necessary to the maintenance, operation or repair of Essential Infrastructure, such as telecommunications, utilities, public transportation;
  2. Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response;
  3. Affordable housing that is or will be income-restricted, including multi-unit or mixed-use developments containing at least 10% income-restricted units;
  4. Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency, such as road or facility repair necessary to maintain functionality of the road or facility;
  5. Shelters and temporary housing, but not including hotels or motels;
  6. Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs;
  7. Construction necessary to ensure that existing construction sites that must be shut down under this Order are left in a safe and secure manner, but only to the extent necessary to do so; and
  8. Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed.

Construction FAQ's

I’m replacing and repairing siding for an affordable housing development, which is one of the Essential Businesses that provide shelter for economically disadvantaged residents. May I continue work?

The Public Health Order allows construction or repair necessary to ensure that buildings containing Essential Businesses(e.g. grocery stores, banks, gas stations, restaurants with delivery/carry out, auto-repair, healthcare, education, etc.) and businesses that provide food, shelter, and social services for economically disadvantaged individuals, are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed. In this case, you will need to show that the repair cannot be reasonably delayed by installing temporary waterproofing and is needed to maintain habitability of the development. 

May I install a new roof-mounted photovoltaic system?

Not at this time Photovoltaic systems are not considered essential under the Public Health Order. 

May I remove and pour a new driveway or pathway because the existing one is uneven and a tripping hazard?

In order to undertake the work, you will need to show that this work is necessary and that there are no temporary measures that can be implemented (such as installing hazard tape) to allow the work to be postponed until after the order is lifted.  

May I repair and/or rebuild a failing retaining wall?

In order to undertake the work, you will need to show that delaying the work will make your residence uninhabitable.  

May I repair a building foundation?

No, unless you can show that delaying the work will make your residence uninhabitable. Please contact us. 

May I finish remodeling my house and build a small bedroom addition?

Please suspend construction, as an addition to a residence is not considered essential. You may do the minimum work necessary to ensure that the construction area is safe and secure during the term established by the Health Order.

May I finish replacing the siding on my house?

Maybe, but you would need to show that the work cannot be reasonably delayed and is needed to maintain habitability of the house and that there are no temporary waterproofing measures available. 

May I finish the roof repair on my house?

Maybe, but you would need to show that the work cannot be reasonably delayed and is needed to maintain habitability the house and that there are no temporary waterproofing measures available. 

May I repair my deck?

Please suspend construction. You may continue work only if you can show that the repair is necessary to ensure that your home is safe or habitable and the repair cannot be reasonably delayed –for instance, if the deck is unsafe and provides the sole means of access to your home. 

 

May I finish the bathroom remodel?

You may continue the minimum necessary to ensure adequate sanitation, provided this is the only bathroom in the house. Otherwise, please suspend construction. You may do the minimum necessary to ensure that the construction area is safe and secure during the term established by the Public Health Order. 

May I finish the kitchen remodel?

You may complete the minimum work necessary to provide a functioning sink, stove, and refrigerator. Please suspend all other work on the kitchen remodel. 

 We understand that the above answers do not cover all possible cases. Please contact the Building Official by email at: mlockaby@townoffairfax.org or phone at 415-458-2370 if you have questions regarding the applicability of the Public Health Order to your specific construction site. Your urgent and sincere cooperation with the Public Health Order is thankfully appreciated by the management and staff of the Fairfax Building and Planning Department. Although you may be working on a small project that seems inconsequential, there are hundreds of active building permits in Fairfax. For that reason, a collective effort to reduce travel and human exposure is essential to moving beyond the current shelter-in-place order and allowing construction to proceed as soon as possible. 

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