‘Non-essential’ businesses in Austin were told to halt operations starting today, but city health orders yesterday were unclear about which kinds of construction could continue.
The stay-home order exempted ‘critical infrastructure,’ which was defined to include certain construction projects.
According to Exhibit B of the order, the exemption applied to “Construction, including public works construction, and construction of affordable housing or housing for individuals experiencing homelessness, social services construction, and other construction that supports essential uses, including essential businesses, government functions, or critical infrastructure, or otherwise as required in response to this public health emergency.”
Initially this was interpreted to mean that “the typical commercial construction project in and around Austin” could continue, according to an analysis by Whitney Knight, a partner at construction law firm Allensworth & Porter, as reported by the Austin Business Journal.
But late on Tuesday night the city released a guidance document saying, “In general, commercial and residential construction activities are prohibited under the Order except in…very limited situations.”
Exceptions including public works, affordable housing projects, and construction of facilities for ‘essential businesses,’ which include grocery stores, pharmacies, and certain other retailers.
Several construction workers told Honest Austin that they have been pressured by their employers to continue working despite escalating public health restrictions and rising concern over the coronavirus.
“I’m installing plumbing in a multi-million dollar home, considered ‘essential.’ Hard to argue with management about how essential it really is. My crew is not working by choice. Needless to say my employer hates me right now,” said David Harrison.
Mario Calderon said, “New construction is not ‘essential’ — why do we still have to go out and put ourself and our family in danger?” Calderon, who works building a new school in Austin, says his company and general contractor told him that they are classified as ‘essential construction.’
The City’s guidance documents says that the order is effective immediately but shutdown activities may continue for a few days: “Recognizing that many construction sites and projects require a period of time to close down safely, the City will note cite a construction business or operator for a violation of the Order occurring prior to 11:59 p.m. on March 27 if the business or operator can demonstrate that all activities after the effective date of the order were undertaken to close down the construction project or activity as safely and quickly as possible.”
