NH Issues Guidance on EO#17 – Closure of Non-Essential Businesses and the Stay At Home Order

The State of New Hampshire has released the details of Emergency Order #17 (EO). Included as Appendix A are details of which businesses the state has declared as essential for the purpose of the stay at home directive.

Related: Gov. Sununu Orders All “Non-Essential Business” to Close Friday at 11:59 pm

The essential businesses can remain open and staffed assuming all other emergency order conditions are adhered to, including social distancing, and the like. If you believe your operation should qualify you can request written approval to remain open from the Commissioner of Business and Economic Affairs. 

1. 1. The services identified in EXHIBIT A are hereby designated as “Essential ” Additional services may be designated as Essential and added to EXHIBIT A with written approval of the Commissioner of Business and Economic Affairs and the Governor.
   2. All businesses and other organizations that do not provide Essential Services shall close their physical workplaces and facilities to workers, customers, and the public and cease all in person operations as of 11:59 p.m. on March 27, 2020 and shall not re-open to workers, customers or the public or resume in person operations before 12:01 a.m. on May 4, 2020.
   3. All businesses or other organizations providing Essential Services shall develop strategies, procedures and practices to allow for social distancing protocols consistent with guidance provided by the CDC and the Division of Public
   4. Beginning at 11:59 m. on March 27, 2020, New Hampshire citizens shall stay at home or in their place of residence with the following exceptions:
      • Leaving home to get fresh air or exercise, provided that social distancing protocols consistent with guidance from the Division of Public Health are observed;
      • Leaving home for outdoor recreation provided that appropriate social distancing protocols are observed and provided that such recreation complies with any limitations contained within Executive Order 2020-04 and any Emergency Orders issued pursuant to Executive Order 2020-04;
      • Leaving home to run essential errands such as going to the grocery store, pharmacy, laundromat, or fulfilling any other errands an individual determines to be essential for everyday needs;
      • Leaving home to visit a spouse, parent, or child;
      • Leaving home to provide care for another person;
      • Leaving home to go to the gas station;
      • Leaving home to order and pick up take-out food;
      • Receiving deliveries from Amazon, UPS, Fedex, the S. Postal Service, or any other deliveries;
      • Leaving home to receive essential medical care or essential medical services;
      • Leaving home for purposes of an individual’s employment if the individual is employed at a business or organization that provides Essential Services or a business or organization to whom this Order does not apply pursuant to Sections 5-7; and
      • Leaving home for purposes of employment in cases where an individual is working remotely for a business that does not provide Essential Services.

1. 1. 5. This Order shall not apply to any K-12 schools within this
      6. This Order shall not apply to State Government, local and county governments, local and county legislative bodies, the General Court, or the Judicial
      7. This Order shall not apply to any church, synagogue, mosque, or other house of worship, provided that those organizations must still comply with Emergency Order #16.
      8. The Division of Public Health and State or local police shall have the authority to enforce this Order.

This Order shall remain in effect until May 4, 2020.

You can read or download the entire Emergency Order here.

Appendix A is an 11-page document that lists sectors of the state and the state economy deemed essential with the following understanding.

Pursuant to Emergency Order #17 issued under Section 18 of Executive Order 2020-04, the State of New Hampshire has compiled a list of industry sectors that provide essential services and support to COVID-19 and the core missions of the State. Entities that fall under this guidance shall continue to operate with necessary staff to complete critical and essential functions. This information is based on federal guidance and amended to reflect the interest of New Hampshire’s citizens and economy.

Those deemed essential will continue to have the ability to cross state borders for work related travel (e.g., traveling to and from work/home, transporting products to distribution facilities, etc.).

While the below Sectors are designated as essential, they are urged to follow social distancing protocols for employees in accordance with guidance from the Department of Public Health, including but not limited to:

1. Prohibiting all gatherings with more than 10 individuals
2. Keeping all personnel six feet apart
3. Encouraging employees to stay home when sick, and sending home those who report feeling ill or display symptoms

Businesses and organizations, essential or not, are encouraged to continue their operations through a remote means (ie., telework) that will not require employees, customers, or the public to report to the company or organization’s physical facility.

You can read or download all of Appendix A here.

Links to previous or related Coronaviris New Hampshire EO’s can be found here.