What’s Essential When it Comes to Construction?

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COURT HOUSE – While this time of year generally sees construction offices around the county are gearing up for the upcoming season, including municipal construction officers making permits, inspections and other responsibilities, they remain busy, but with other tasks.
Since Executive Order 122 was issued April 8, which shut down many construction sites to lessen the spread of COVID-19, a random survey of Cape May’s, Lower Township’s and Stone Harbor’s construction officials find them busy with interpreting, communicating, and using the executive order with local builders.
Working Together for Employees’ Well-Being
With virtually no pushback from the contractors, it seems everyone is concerned with the well-being of employees and taking the containment of the COVID-19 virus seriously, according to officials.
“In Stone Harbor, the police and the construction office are working together to keep the local contractors informed of the job site requirements as outlined in the EO 122,” said Ray Poudrier, acting construction official, Stone Harbor. “To date, there has been absolutely no push back from the contractors. Everyone seems concerned with the well-being of their employees and is taking the containment of this virus seriously.”
In Lower Township, Construction Official Gary Playford added that they are busy monitoring construction activity, especially with a 20-lot development occurring within the township. The executive order states five workers are allowed onsite at one time, so, in this case, Playford said they are allowing five workers per lot.
“Contractors want to keep working, so they are following the rules,” he noted.
Not Included = Non-Essential
While the executive order lists “essential projects” ranging from health care, education, transportation infrastructure, utility and affordable housing, the order does not list what is not essential. In Cape May, City Manager Jerry Inderwies Jr. said if a project is not included in the order, then they are deeming it as “non-essential.”
Inderwies added that the state Department of Community Affairs Division of Codes and Standards, who oversees construction, published guidance April 14 that said “if a project is thought to be essential, then the owner or contractor has to provide documentation about why it should be considered essential.” The documentation also needs to include safety measures in place.
“It’s still a challenge to enforce,” he said, “especially after all the storm damage we had April 13.”
Emergency repairs are allowed under the order, and Inderwies said, “If you lost roofing shingles, or had other storm damage, you can repair it. You don’t need a permit for a new roof, but if we’re riding by and see it, we will stop and talk with you.” Inderwies said they have a “good rapport with most construction companies,” so they used a casual approach to making sure the contractors were aware of the order.
“It’s a delicate situation because this is their living,” the city manager said. “We are sympathetic.”
At the April 21 City of Cape May Council Work Session, Deputy Mayor Patricia Gray Hendricks asked that the city manager monitor the fact that under the executive order pilings and demolitions are not allowed, and not allowed by the city between Memorial Day and Labor Day.
“Should we give some grace period to people who might be in the line with their builder or have some contractual obligation that will be impacted because they can’t do the work now and need a grace period to get it down after Memorial Day,” Hendricks asked.
She asked that the council consider it by May 5 so their construction office can have some direction of how to proceed in the event the question is raised.
Complaints About Work
Residents who call to complain about contractors working are usually complaining about not seeing face masks, lack of social distancing, and a large number of workers, according to the construction officials. The executive order outlines the health guidelines a firm needs to follow including providing masks, gloves, clean environments and cleaning supplies, adhering to social distancing guidelines of at least six feet, limiting the sharing of tools and staggering work shifts. If an employee is symptomatic, the order also outlines the actions to be followed.
“We’re handling cases individually,” Inderwies said, regarding complaints received about work happening in the city.
 Rentals Shut Down
Short-term rentals have been shut down across the county since April 7, when freeholders voted to prohibit hotels, motels, guest houses and other short-term rental businesses from lodging new guests or seasonal tenants.
The measure excludes people housed as a part of state shelter initiatives, those receiving housing assistance, and health care workers. The resolution also does not require the eviction of any renters lodged before the vote.
The intent was to create a uniform policy for the entire county, parts of which had already passed municipal versions of the same measure. In Cape May, for example, their April 5 ban restricts short-term rentals until May 22. Lower Township’s ban was enacted April 6, lasting until May 22, as well.
Where Will We Land When it’s Over?
While Cape May continues to issue permits, work can’t begin until approved and the ban is lifted, according to Inderwies. Playford said Lower Township is not issuing new permits now.
“We are in unprecedented territory,” Poudrier said. “We do not know at this time where we are going to land when this is over with the hit the economy is taking right now.”
To contact Karen Knight, email kknight@cmcherald.com.