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MARVAC Member Updates

The Michigan Association of Recreation Vehicles and Campgrounds (MARVAC) is committed to keep its members up-to-date with information that is helpful under the current business conditions.

This information changes frequently. Use this information as a guideline but make sure to check for restrictions being imposed by county and local units of government, in addition to the information from the state.

Please feel free to contact us directly:

Bill Sheffer, Executive Director, bsheffer@mmhrvca.org, 517-999-6881, cell 517-719-6909

Darren Ing, Director, ding@mmhrvca.org, 517-999-6880, cell 517-719-6897

Your membership is appreciated!

Monday, July 13, 2020

Executive Order No. 2020-147—Mandatory Mask Requirements in Michigan

In order to respond to rising COVID-19 cases in Michigan, Governor Whitmer issued Executive Order No. 2020-147 imposing new mask requirements for individuals in Michigan as well as for Michigan businesses. Importantly for businesses, the new Executive Order prohibits businesses that are open to the public from providing service or even allowing a customer to enter its premises unless that customer is wearing a facial covering. As the Order states, “no shirts, no shoes, no mask—no service.” Businesses that do not comply could risk having their business license to operate temporarily suspended.

Executive Order No. 2020-147 sets forth new face covering requirements for all individuals in Michigan as well as new requirements for any business open to the public.

When is face covering required under Executive Order No. 2020-147?

Any individual who leaves their home or place of residence must wear a face covering over their nose and mouth in the following circumstances:

  1. When in any indoor public space;
  2. When outdoors and unable to consistently maintain a distance of six feet or more from individuals who are not members of their household; and
  3. When waiting for or riding on public transportation, while in a taxi or ridesharing vehicle, or when using a private car service as a means of hired transportation

The Executive Order contains several exemptions from this requirements, including children under the age of five and those who cannot medically tolerate a face covering. Other exemptions are also included in the Order and can be found in Sections 2 and 6.

What are businesses now required to do with respect to masks under the new Executive Order?

Unlike prior Executive Orders, this Order prohibits any business that is open to the public from providing service or allowing a customer to enter the business’s premises unless that customer is wearing a face covering. In short, as said in the Order, “no shirts, no shoes, no mask—no service.” Businesses must also now post signs at their entrances instructing customers of their legal obligation to wear a face covering while inside. The Michigan Department of Labor and Economic Opportunity may require such businesses to post signs developed and made available by the Department (or those that conform to such signs). Businesses should be sure to consult the Department’s website for any future guidance on this point.

What are the potential penalties for failing to comply?

A willful violation of the Order remains a misdemeanor, but the Order also provides that a business that fails to comply with the requirements of the Order may face temporary suspension of its business license to operate (including but not limited to a liquor license). The Executive Order is effective Monday, July 13, 2020 for businesses.

The Order also states that no term of confinement may be imposed on individuals who fail to wear a face covering as required under Section 1 of the Order; but any such person may still be subject to a $500 criminal penalty.

Does this Executive Order replace Executive Order No. 2020-114?

No. Executive Order No. 2020-147 contains an additional requirement on businesses—it does not replace the requirements otherwise imposed on businesses for workplace safety.

Wednesday, June 3, 2020

MARVAC
Overview of Executive Order No. 2020-110

On June 1, 2020, Governor Whitmer issued Executive Order No. 2020-110, which lifted the stay-at-home order and provided that most businesses in the State could reopen (at least to a certain extent). In other words, the Governor flipped the focus on businesses from what can be open to what must stay closed.

Can campgrounds re-open?

Yes, in general, recreational camping at campgrounds is permitted and most amenities to the extent they can open in a manner that is consistent with Executive Orders 2020-110 and 2020-97. That being said, some local governments may still have stay-at-home orders in place that limit recreational camping.

Can RV dealers fully open?

Yes, RV dealers may re-open showrooms without requiring “appointment only” sales.

What must a business do as it reopens?

Under Executive Order No. 2020-110, “any business or operation that requires its employees to leave their home or place of residence for work is subject to the rules on workplace safeguards in Executive Order 2020-97 or any order that may follow from it.” Governor Whitmer has set forth extensive workplace safety requirements in Executive Order No. 2020-97, including some that apply to all businesses and others that are industry specific. For example, make sure your business has your COVID-19 Preparedness and Response Plan in place as you reopen and implement all applicable requirements. Violations of Executive Order No. 2020-97 are considered violations of the Michigan Occupational Safety and Health Act, which consider carry significant penalties.

The MI Occupational Safety & Health Admninistration’s website is a great resource for information regarding re-opening, including checklists, best practices, and a sample preparedness and response plan.

What must stay closed?

Most businesses can now reopen their in-person operations (subject to safety requirements). The largest caveat for most businesses is that the Executive Order still requires that any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must still be performed remotely. This means that while offices may reopen across the State, the Executive Order still requires employers to have any work that can be performed remotely to be done so.

The Executive Order also lists specific sectors or business-types that must remain closed. Those include:

  • Stores that were closed under Executive Order 2020-96 (or that were open only by appointment under the same order) must remain closed to the public (or open only by appointment) until June 4 at 12:01 am. Such stores may then resume normal operations, subject to local regulation and to the capacity constraints and workplace standards described in Executive Order 2020-97 or any order that may follow from it.
  • Indoor public swimming pools.
  • Residential, travel, and troop camps within the meaning of Rule 400.11101(n), (p), or (q) of the Michigan Administrative Code must remain closed for the time being.
  • Indoor theaters, cinemas, and performance venues.
  • Indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like.
  • Facilities offering non-essential personal care services, including hair, nail, tanning, massage, traditional spa, tattoo, body art, and piercing services, and similar personal care services that involve close contact of persons.
  • Casinos licensed by the Michigan Gaming Control Board, racetracks licensed by the Michigan Gaming Control Board, and Millionaire Parties licensed by the Michigan Gaming Control Board.
  • Indoor services or facilities, or outdoor services or facilities involving close contact of persons, for amusement or other recreational or entertainment purposes, such as amusement parks, arcades, bingo halls, bowling alleys, indoor climbing facilities, indoor dance areas, skating rinks, trampoline parks, and other similar recreational or entertainment facilities.

There are also some additional restrictions on reopening for other specific sectors, which include the following:

  • Unless otherwise prohibited by local regulation, outdoor parks and recreational facilities may be open, provided that they make any reasonable modifications necessary to enable employees and patrons not part of the same household to maintain six feet of distance from one another, and provided that areas in which social distancing cannot be maintained be closed, subject to guidance issued by the Department of Health and Human Services.
  • Unless otherwise prohibited by local regulation, public swimming pools, as defined by MCL 333.12521(d), may open as of June 8, 2020, provided that they are outdoors and limit capacity to 50% of the bather capacity limits described in Rule 325.2193 of the Michigan Administrative Code, and subject to guidance issued by the Department of Health and Human Services.

What else does Executive Order No. 2020-110 do?

Executive Order No. 2020-110 permits expanded restaurant/bar openings across the State as well (subject to certain limitations in different regions). In addition, indoor social gatherings and events among persons not part of a single household are now permitted, so long as they do not exceed 10 people. Outdoor social gatherings and events among persons not part of a single household are also permitted, so long as the gathering or event does not exceed 100 people, and people not part of the same household maintain six feet of distance from one another.

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Thursday, May 21, 2020

Governor Whitmer Reopens Auto Dealerships and Retail Businesses by Appointment, Authorizes Nonessential Medical, Dental and Veterinary Procedures

Governor’s order allows gatherings of ten people or less, with social distancing

LANSING, Mich. — Today, Governor Gretchen Whitmer signed executive order 2020-96 to reopen retail businesses and auto dealerships by appointment statewide on Tuesday, May 26, as part of her MI Safe Start plan. The governor’s executive order also lifts the requirement that health care providers delay some nonessential medical, dental, and veterinary procedures statewide beginning on Friday, May 29. And the order authorizes small gatherings of 10 people or less starting immediately, as long as participants practice social distancing.

“The data shows that Michigan is ready to phase in these sectors of our economy, but we must stay vigilant and ensure we’re doing everything we can to protect ourselves and our families from the spread of COVID-19,” said Governor Whitmer. “On behalf of our brave first responders on the front lines of this crisis, we must continue to all do our part by staying safer at home. We owe it to them to do what we can to stop the spread of this virus.”

“As businesses continue to reopen, it’s crucial that they adopt strict safety measures to protect their employees, customers, and their families,” said MDHHS Chief Deputy for Health and Chief Medical Executive Dr. Joneigh Khaldun. “I know that as medical professionals begin offering nonessential procedures again, they will do everything in their power to protect patients and their families from COVID-19. I will continue to work with Governor Whitmer and our partners across Michigan to protect our families and lower the chance of a second wave.”

“This is great news for dealerships across the state,” said Doug North, President of North Brothers Ford. “We appreciate the governor’s leadership, and we welcome the opportunity to serve our customers in a way that helps keep everyone safe from the showroom floor to the open road.”

The governor also signed a separate order, Executive Order 2020-97, updating a prior rule on workplace safety. Per the amended order, reopened outpatient health-care facilities, including clinics, primary care physician offices, and dental offices, will have to adopt strict protocols to prevent infection. The Department of Licensing and Regulatory Affairs will issue guidance to aid those facilities in adopting appropriate safeguards.

As before, businesses maintaining in-person activities must adopt social distancing practices and other mitigation measures to protect workers. They must, among other things, provide COVID-19 training to workers that covers, at a minimum, workplace infection-control practices, the proper use of PPE, steps workers must take to notify the business or operation of any symptoms of COVID-19 or a suspected or confirmed diagnosis of COVID-19, and how to report unsafe working conditions.

“With today’s announcement, physicians and health care providers in Michigan are ready to resume taking care of patients,” said Dr. Bobby Mukkamala, president of the Michigan State Medical Society. “It is time for patients to catch up on the care that has been deferred for the past two months. We encourage the citizens of Michigan to tend to their health and protect each other by following public health guidance to prevent spread of this virus.”

Consistent with the governor’s previous Safer at Home orders, any individual able to medically tolerate a face covering must wear a covering over his or her nose and mouth—like a homemade mask, scarf, bandana, or handkerchief—when in any enclosed public space. Michiganders who are not working as critical infrastructure workers or at a business that has been authorized to reopen should stay home to protect themselves and their families from the spread of COVID-19.

To view Executive Order 2020-96 and Executive Order 2020-97, click the links below:

Friday, May 15, 2020

Wednesday May 6, 2020

Great News for MARVAC Campground Members!!

Yesterday afternoon the Governor’s office contacted MARVAC to provide guidance regarding seasonal camping in Michigan. It was determined that individuals utilizing their RV as a second residence at a campground would be permitted. While this currently only applies for seasonal camping and not recreational or rental camping, it is a step in the right direction. MARVAC has been tirelessly advocating on behalf of it’s members and we are pleased with the decision.

Please click on the MARVAC Alert below to review the guidance. In conjunction with the Executive Order MARVAC has partnered with the Association legal counsel, Dykema, to create a sample COVID-19 Preparedness and Response Plan. A plan is required before businesses resume in-person work. The steps included in this document are focused on the state-level requirements currently in place under Executive Order 2020-70. As you develop your Plan, you will need to separately consider any applicable local (county, city, village, or township) requirements. We recommend that you consult with counsel as you tailor your plan.

MARVAC Alert (PDF)
SAMPLE COVID-19 Preparedness and Response Plan (PDF)

Wednesday April 29, 2020

Last week, Governor Whitmer reaffirmed the stay-at-home measures set forth in Executive Order 2020-42, amended the scope of that order, and extended the duration of such measures through May 15, 2020 (unless modified earlier). While many of the restrictions from her prior executive orders remain in place, Executive Order 2020-59 includes some easing of in-person operation restrictions as well as some corresponding requirements for those operations. The new order uses the phrase “resumed activities” to describe activities newly permitted to resume.

In-person work is still restricted in Michigan and residents are still ordered to stay at home unless they meet certain exceptions. Executive Order 2020-59 has, however, eased certain restrictions for businesses while imposing new requirements for certain operations. For instance, Governor Whitmer has expanded permitted in-operations to include certain resumed activities. Some resumed activities, however, are subject to certain enhanced social distancing rules that were not included in prior executive orders. The new restrictions and requirements are discussed below as well as what businesses must continue to do during this state of emergency.

For RV dealers, Executive Order 2020-59 remains identical to the Governor’s prior executive order with regard to permitting “workers at motor vehicle dealerships who are necessary to facilitate remote and electronic sales or leases, or to deliver motor vehicles to customers, provided that showrooms remain closed to in-person traffic.”

The new Executive Order is noteworthy because it allows individuals to again lawfully travel between two residences in this state, although travel to vacation rentals is prohibited. The order also prohibits advertising or renting a short-term vacation property except as necessary to assist in housing a health care professional or volunteer aiding in the response to the COVID-19 crisis. The order does not define “residence,” potentially making it difficult for some campgrounds to distinguish between a customer using the campground as a residence versus a vacation rental or for recreational purposes. To clarify ambiguity in the Executive Order, Governor Whitmer recently issued the following guidance regarding campgrounds:

Q: May campgrounds remain open for public use under Executive Order 2020-59?

A: In general, no. Recreational camping at campgrounds who rent to individuals who otherwise have a primary residence and are traveling to the campground for non-COVID-19-related purposes are not permitted under this order. However, in some limited cases, workers at campgrounds may be critical infrastructure workers to the extent they “provide temporary or permanent housing for… shelter … for … otherwise needy individuals.” For purposes of the order, the term “otherwise needy individuals” includes anyone residing in a campground at the time the order was issued or anyone seeking shelter during the current pandemic. They may also remain open to the extent they are used for COVID-19 mitigation and containment efforts and to serve critical infrastructure workers.

If a licensed campground serves in the above capacity, it may only engage in activities to provide shelter and basic needs. In engaging in those activities, it must limit guest-to-guest, guest-to-staff, and staff-to-staff interactions as much as possible and must adopt all other mitigation measures required by section 11 of the order. It may not provide additional on-site amenities such as gyms, pools, spas, entertainment facilities, meetings rooms, or like facilities, or provide in-house dining.

Because Governor Whitmer’s FAQs appear to treat those using RVs as second residences different than individuals using other types of property (e.g., condominiums, apartments, etc.), we currently are working with the Governor’s office to obtain additional clarity.. Further, local units of government are interpreting the guidance in an inconsistent manner, adding to the need for clarity. We will provide updated information as it becomes available.

What resumed activity workers may return to in-person operations?

  • Workers for and lawn care, pest control, and landscaping operations, subject to the enhanced social-distancing rules described in section 11(h) of this order.
  • Maintenance workers and groundskeepers who are necessary to maintain the safety and sanitation of places of outdoor recreation not otherwise closed under Executive Order 2020-43 or any other order that may follow from it (provided that the places and their workers do not provide goods, equipment, supplies, or services to individuals, and subject to the enhanced social distancing rules described below;
  • Workers for moving or storage operations, subject to the enhanced social distancing rules described below.

What are the enhanced social distancing rules that are required for the identified resumed activities?

  • Bar gatherings of any size in which people cannot maintain six feet of distance from one another.
  • Limit in-person interaction with clients and patrons to the maximum extent possible and bar any such interaction in which people cannot maintain six feet of distance from one another.
  • Provide personal protective equipment such as gloves, goggles, face shields, and face masks as appropriate for the activity being performed.
  • Adopt protocols to limit the sharing of tools and equipment to the maximum extent possible and to ensure frequent and thorough cleaning of tools, equipment, and frequently touched surfaces.

What else new is required under Executive Order 2020-59 with respect to business operations?

  • Employers must designate workers as workers to perform resumed activities (workers do not need to carry such designations when they leave their homes);
  • All businesses and operations whose workers perform in-person work must, at a minimum, provide non-medical grade face coverings to their workers (supplies of N95 and surgical masks should be reserved for critical workers who interact with the public like health care professionals and first responders) ;

What remains the same for business operations under Executive Order 2020-59 from prior orders?

  • Businesses must still make the required designations for critical infrastructure workers or those who conduct minimum basic operations;
  • In-person activities that are not necessary to sustain or protect life (or now to perform a resumed activity) must be suspended.
  • Businesses must still develop a COVID-19 Preparedness and Response Plan consistent with the Executive Order and the Guidance on Preparing Workplaces for COVID-19 developed by the Occupational Health and Safety Administration. This plan must be available at company headquarters or the worksite.
  • Restrict the number of workers present on-premises to no more than is strictly necessary to perform the in-person work permitted under the order;
  • Promote remote work to the fullest extent possible;
  • Keep workers and patrons on the premises at least six feet from one another to the maximum extent possible;
  • Increase facility cleaning and disinfection to limit worker and patron exposure;
  • Adopt protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace;
  • Adopt policies to prevent workers from entering the premises if they display respiratory symptoms or have had contact with a person with a confirmed diagnosis of COVID-19;
  • Adopt any other social distancing practices and mitigation measures recommended by the CDC.
  • Businesses must continue to comply with state law, including but not limited to Executive Order 2020-36 (Protecting workers who stay home, stay safe when they or their close contacts are sick), as well as any relevant local order as well.

Friday April 24, 2020

Today, Governor Whitmer reaffirmed the stay-at-home measures set forth in Executive Order 2020-42, amended the scope of that order, and extended the duration of such measures through May 15, 2020 (unless modified earlier). While many of the restrictions from her prior executive orders remain in place, Executive Order 2020-59 includes some easing of in-person operation restrictions as well as some corresponding requirements for those operations. The new order uses the phrase “resumed activities” to describe activities newly permitted to resume.

In-person work is still restricted in Michigan and residents are still ordered to stay at home unless they meet certain exceptions. Executive Order 2020-59 has, however, eased certain restrictions for businesses while imposing new requirements for certain operations. For instance, Governor Whitmer has expanded permitted in-operations to include certain resumed activities. Some resumed activities, however, are subject to certain enhanced social distancing rules that were not included in prior executive orders. The new restrictions and requirements are discussed below as well as what businesses must continue to do during this state of emergency.

Importantly for MARVAC’s campground members, individuals may again lawfully travel between two residences in this state, however, travel to vacation rentals is prohibited. The order also prohibits advertising or renting a short-term vacation property except as necessary to assist in housing a health care professional or volunteer aiding in the response to the COVID-19 crisis. The order does not define residence, potentially making it difficult for some campgrounds to distinguish between a customer using the campground as a seasonal residence versus a vacation rental. It appears likely that a recreational vehicle that is located on a site for an entire season would constitute a residence.

For RV dealers, Executive Order 2020-59 remains identical to the Governor’s prior executive order with regard to permitting “workers at motor vehicle dealerships who are necessary to facilitate remote and electronic sales or leases, or to deliver motor vehicles to customers, provided that showrooms remain closed to in-person traffic.”

What resumed activity workers may return to in-person operations?

  • Workers for and lawn care, pest control, and landscaping operations, subject to the enhanced social-distancing rules described in section 11(h) of this order.
  • Maintenance workers and groundskeepers who are necessary to maintain the safety and sanitation of places of outdoor recreation not otherwise closed under Executive Order 2020-43 or any other order that may follow from it (provided that the places and their workers do not provide goods, equipment, supplies, or services to individuals, and subject to the enhanced social distancing rules described below;
  • Workers for moving or storage operations, subject to the enhanced social distancing rules described below.

What are the enhanced social distancing rules that are required for the identified resumed activities?

  • Prohibit gatherings of any size in which people cannot maintain six feet of distance from one another.
  • Limit in-person interaction with clients and patrons to the maximum extent possible and bar any such interaction in which people cannot maintain six feet of distance from one another.
  • Provide personal protective equipment such as gloves, goggles, face shields, and face masks as appropriate for the activity being performed.
  • Adopt protocols to limit the sharing of tools and equipment to the maximum extent possible and to ensure frequent and thorough cleaning of tools, equipment, and frequently touched surfaces.

What else new is required under Executive Order 2020-59 with respect to business operations?

  • Employers must designate workers as workers to perform resumed activities (workers do not need to carry such designations when they leave their homes);
  • All businesses and operations whose workers perform in-person work must, at a minimum, provide non-medical grade face coverings to their workers (supplies of N95 and surgical masks should be reserved for critical workers who interact with the public like health care professionals and first responders) ;

What remains the same for business operations under Executive Order 2020-59 from prior orders?

  • Businesses must still make the required designations for critical infrastructure workers or those who conduct minimum basic operations;
  • In-person activities that are not necessary to sustain or protect life (or now to perform a resumed activity) must be suspended.
  • Businesses must still develop a COVID-19 Preparedness and Response Plan consistent with the Executive Order and the Guidance on Preparing Workplaces for COVID-19 developed by the Occupational Health and Safety Administration. This plan must be available at company headquarters or the worksite.
  • Restrict the number of workers present on-premises to no more than is strictly necessary to perform the in-person work permitted under the order;
  • Promote remote work to the fullest extent possible;
  • Keep workers and patrons on the premises at least six feet from one another to the maximum extent possible;
  • Increase facility cleaning and disinfection to limit worker and patron exposure;
  • Adopt protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace;
  • Adopt policies to prevent workers from entering the premises if they display respiratory symptoms or have had contact with a person with a confirmed diagnosis of COVID-19;
  • Adopt any other social distancing practices and mitigation measures recommended by the CDC.
  • Businesses must continue to comply with state law, including but not limited to Executive Order 2020-36 (Protecting workers who stay home, stay safe when they or their close contacts are sick), as well as any relevant local order as well.

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Friday April 10, 2020

Executive Order 2020-42
(April 9, 2020)

On April 9, 2020, Governor Whitmer issued Executive Order 2020-42 titled “Temporary requirement to suspend activities that are not necessary to sustain or protect life; Rescission of Executive Order 2020-21.” This Executive Order rescinds and replaces the previous “Stay Home, Stay Safe” Order that restricted travel and business operations. Although the new Executive Order is significantly similar to the previous order, a few new provisions are notable with regard to their impact on MARVAC members. Except as noted below, the Executive Order was effective at midnight on April 9, 2020 and ends April 30, 2020.

Regarding RVs

Most importantly, Section 9(i) of the Executive Order states:

Workers at motor vehicle dealerships who are necessary to facilitate remote and electronic sales or leases, or to deliver motor vehicles to customers, provided that showrooms remain closed to in-person traffic.

The Executive Order does not define “motor vehicle,” however it seems clear that workers may be present in-person for the purpose of facilitating the online sale of motorhomes, including delivering motorhomes to customers, as long as the showroom remains closed.

Although there is some ambiguity regarding whether the term “motor vehicles” include “recreational vehicles,” such as fifth wheels, travel trailers, pop-ups, and other campers, it is noteworthy that recreational vehicles are included in the definition of “motor vehicle” under some Michigan laws (see, e.g., MCL 492.102). Additionally, to the extent dealers are on-site to facilitate the sale of motorhomes or other motor vehicles, the Executive Order does not appear to prohibit dealers from facilitating other online purchases or deliveries resulting from those online purchases.

Additionally, if a member is contacted directly by the federal, state, or local unit of government, directly by a hospital of healthcare system, or through the Association, relative to manufacturing, selling, or distributing RV or parts specifically related to COVID-19 crisis supplies, certain functions and certain employees will become a part of the healthcare supply chain and, therefore, may be deemed critical infrastructure workers while responding to certain orders.

Bear in mind that businesses resuming operations for the sale of motor vehicles or other critical infrastructure purposes must follow these conditions:

  • Designate your “critical infrastructure workers” and inform them as required;
  • Restrict the number of workers on premises to those strictly necessary;
  • Promote remote work to the extent possible;
  • Enforce social distancing to the extent possible (e.g., keep everyone at least six feet away from each other);
  • Increase cleaning standards and disinfecting protocols and adopt protocols for cleaning and disinfecting in the event of a positive COVID-19 case in the workplace;
  • Adopt policies to prevent workers from entering your premises if they display any respiratory symptoms or have had contact with someone who is known or suspected to have COVID-19; and
  • Adopt any other social distancing practices and mitigation measures recommended by the Centers for Disease Control and Prevention.

It is important to remember that the Executive Order’s underlying purpose is to protect Michigan residents and keep us safe. Before resuming operations for the sale of motor vehicles, dealers should also review local and county orders regarding COVID-19, many of which are more restrictive that the new Executive Order or require screening or additional measures not addressed above (including requirements to conduct and document daily health screenings in many jurisdictions).

Regarding Campgrounds

The previous Executive Order allowed individuals to travel between multiple residences in the state. That provision allowed residents to travel from, for example, a full-time home and a seasonal home. Effective April 10, 2020, travel between two residences is not permitted, meaning residents must choose one home and reside only at that home. To the extent campgrounds have seasonal residents who reside in a campground on weekends, for example, those seasonal residents are no longer permitted to do so and must choose one residence for the duration of the Executive Order.

Friday April 3, 2020

The March 26th guidance MARVAC provided remains accurate and should continue to be referenced as long as the Governor’s Executive Order 2020-21 is effective, however, based on the MARVAC’s request, the Governor provided additional guidance regarding campgrounds.

The State of Michigan has published and is regularly updating a “Frequently Asked Questions” resource relative to Executive Order 2020-21. The following question and answer were added in the evening of April 2nd:

Q: May campgrounds remain open for public use under Executive Order 2020-21?

A: In general, no. Recreational camping at campgrounds who rent to individuals who otherwise have a primary residence and are traveling to the campground for non COVID-19 related purposes are not permitted under this order. However, in some limited cases, workers at campgrounds may be critical infrastructure workers to the extent they “provide temporary or permanent housing for… shelter … for … otherwise needy individuals.” For purposes of the order, the term “otherwise needy individuals” includes anyone residing in a campground at the time the order was issued or anyone seeking shelter during the current pandemic. They may also remain open to the extent they are used for COVID-19 mitigation and containment efforts and to serve critical infrastructure workers.

If a licensed campground serves in the above capacity, it may only engage in activities to provide shelter and basic needs. In engaging in those activities, it must limit guest-to-guest, guest-to-staff, and staff-to-staff interactions as much as possible and must adopt all other mitigation measures required by section 5(c) of the order. It may not provide additional on-site amenities such as gyms, pools, spas, entertainment faculties, meetings rooms or like facilities, or provide in-house dining.

Q: If a business employs critical infrastructure workers, can the business conduct both its critical infrastructure and non-critical infrastructure operations?

A: Under the order, a business cannot require workers to leave their homes unless the workers are “necessary to sustain or protect life or to conduct minimum basic operations”

Workers considered necessary to sustain or protect life are those who meet the definition of “critical infrastructure workers” provided in sections 8 and 9 of the order. Only workers properly designated for these purposes can be on-site. All other in-person business operations must be suspended. In determining whether certain in-person operations are permitted under the order, businesses that offer goods and services must bear in mind that, under the order, individuals are only allowed to leave their homes to secure necessary services or supplies, such as food, medication, and products necessary to maintain the safety, sanitation, and basic operation of their residences. Businesses must tailor their in-person provision of goods and services accordingly.

The order does not prohibit or suspend work that can be performed remotely. All work under the order must be performed remotely to the greatest extent possible, and any in-person work must be done in accordance with the mitigation measures required under section 5 of the order.

Although businesses employing “critical infrastructure workers” may be able to continue some in-person activities, they may do so only to the extent those activities are necessary to sustain or protect life and they follow these conditions:

  • Designate “critical infrastructure workers” and inform them as required;
  • Restrict the number of workers on premises to those strictly necessary;
  • Promote remote work to the extent possible;
  • Enforce social distancing to the extent possible (e.g., keep everyone at least six feet away from each other);
  • Increase cleaning standards and disinfecting protocols and adopt protocols for cleaning and disinfecting in the event of a positive COVID-19 case in the workplace;
  • Adopt policies to prevent workers from entering your premises if they display any respiratory symptoms or have had contact with someone who is known or suspected to have COVID-19; and
  • Adopt any other social distancing practices and mitigation measures recommended by the Centers for Disease Control and Prevention.

On April 2, 2020, Governor Whitmer issued Executive Order 2020-36, providing that anyone who tests positive for COVID-19 or who displays one or more of the principal symptoms of COVID-19 should remain in their home or place of residence, even if they are otherwise permitted to leave under Executive Order 2020-21 or any executive order that may follow it, until: (a) three days have passed since their symptoms have resolved, and (b) seven days have passed since their symptoms first appeared or since they were swabbed for the test that yielded the positive. Importantly, employers are prohibited from discharging, disciplining, or otherwise retaliating against an employee staying home from work for the periods described in that Exective Order.

Also on April 2, 2020, Michigan Department of Health and Human Services director Robert Gordon issued an Executive Order setting fines at $1,000 for not complying with the Governor’s executive orders banning gatherings and non-essential businesses during the COVID-19 pandemic. The State Health Department indicated that, in addition to the increased fines, state licensing agency also will be reviewing violations and can impose additional fines or other penalties implicating state licenses.

Finally, local and county governments throughout Michigan continue to issue and revise independent restrictions related to COVID-19. Many of those local orders are more rigorous than the State’s Executive Order and frequently require employers to undertake daily screening and other protocols. Anyone continuing any operations at this time should regularly monitor local and county government requirements and adopt best practices to adhere to such requirements.

It is important to remember that the Executive Order’s underlying purpose is to protect Michigan residents and keep us safe. With that in mind, if you are uncertain whether your business meets the Executive Order’s criteria for in-person work while seeking greater clarity. We will continue to update members as we receive more information.

Monday, March 30, 2020

Friday, March 27, 2020

Regarding RVs

The March 26th guidance MARVAC provided relative to RVs remains accurate and should continue to be referenced as long as the Governor’s Executive Order 2020-21 is effective, however, based on the MARVAC’s request, the Governor provided additional guidance.

The State of Michigan has published and is regularly updating a “Frequently Asked Questions” resource relative to Executive Order 2020-21. The following question and answer was added in the evening of March 26th:

“Q. Are workers in RV sales, manufacturing, and distribution critical infrastructure employees?

A. No, workers who manufacture, sell and distribute RVs are not critical infrastructure workers under the order.”

If a member is contacted directly by the federal, state, or local unit of government, hospital or healthcare system, or through the Association, relative to manufacturing, selling, or distributing RVs or parts specifically related to COVID-19 crisis supplies, certain functions and certain employees will become a part of the healthcare supply chain and, therefore, may be deemed critical infrastructure workers while responding to certain orders.

Bear in mind that businesses employing “critical infrastructure workers” may be able to continue in-person activities so long as those activities are necessary to sustain or protect life and you follow these conditions:

  • Designate your “critical infrastructure workers” and inform them as required;
  • Restrict the number of workers on premises to those strictly necessary;
  • Promote remote work to the extent possible;
  • Enforce social distancing to the extent possible (e.g., keep everyone at least six feet away from each other);
  • Increase cleaning standards and disinfecting protocols and adopt protocols for cleaning and disinfecting in the event of a positive COVID-19 case in the workplace;
  • Adopt policies to prevent workers from entering your premises if they display any respiratory symptoms or have had contact with someone who is known or suspected to have COVID-19; and
  • Adopt any other social distancing practices and mitigation measures recommended by the Centers for Disease Control and Prevention.

It is important to remember that the Executive Order’s underlying purpose is to protect Michigan residents and keep us safe. With that in mind, if you are uncertain whether your business meets the Executive Order’s criteria for in-person work while seeking greater clarity. We will continue to update members as we receive more information.

Thursday, March 26, 2020

Executive Order No. 2020-21: MARVAC Response

On March 23, 2020 Michigan Governor Gretchen Whitmer issued Executive order No. 2020-21, referred to as the “Stay Home, Stay Safe Order” (the “Order”), which temporarily requires the suspension of all activities that are not necessary to sustain or protect life. Specifically, the Executive Order states that, “No person or entity shall operate a business or conduct operations that require workers to leave their homes or places of residence except to the extent that those workers are necessary to sustain or protect life or to conduct minimum basic operations.” Violation of the Executive Order is a misdemeanor, punishable by 90 days in jail and a $500 fine.

Camping as Recreational Activity

Section 7(a)(1) of Executive Order 2020-21 provides an exemption, stating that individuals “may leave their home or place of residence…to engage in outdoor activity, including walking, hiking, running, cycling, or any other recreational activity consistent with remaining at least six feet from people from outside the individual’s household.”

Although it may be possible to interpret the Order to allow campgrounds to remain open so individuals can use camping as an outdoor recreational activity, in the context of the Order’s overall purpose of keeping people at home, campgrounds are advised to close until April 13, 2020 unless campgrounds meet one of the Order’s other exceptions or we receive additional clarification from the Governor’s office indicating that campgrounds may remain open.

Campground as Shelter For Needy

The Order allows workers to work at businesses that provide temporary or permanent housing or shelter for certain needy individuals, if those workers’ in-person activities are necessary to sustain or protect life. It is unclear whether campgrounds may be used for housing or shelter, but some campgrounds may satisfy that definition. Simply put, individuals who otherwise have a home or shelter should not attempt to use this provision to circumvent the Order’s requirements in order to go camping, and campground owners should not facilitate such individuals attempting to do so.

Campground as Residence

The Order states that “all individuals currently living within the State of Michigan are ordered to stay at home or at their place of residence.” Accordingly, if an individual’s residence is an RV that is located in a campground, continuing to reside in that RV complies with the Order.

The Order further states that individuals may also travel: (1) to return to a home or place of residence from outside this state; (2) to leave Michigan for a home or residence elsewhere; and (3) between two residences in Michigan. Given that the Order contemplates residents traveling between multiple residences, it appears the Order allows travel from home to a second home, cottage, RV, condo, or other residence.

Conditions Upon Remaining Open

A campsite with full hook-up (water, electricity, and sewer) that requires no interaction with people outside of the individual’s household could stay open if it falls in one of the above categories. Even if a campground meets criteria that would allow it to remain open for guests, the campground must close all common areas (e.g., playground equipment, bathrooms and showers, etc.). All other precautions would have to be followed, including providing an alternative means of payment other than in-person interaction. In no event should campgrounds allow access to RVs that are not fully self-sustained.

Employees

Although some employees may be able to continue in-person operations, few (if any) campground employees will be permitted to work in-person. The Order allows all businesses in Michigan to designate workers who are necessary to conduct “minimum basic operations” in person. Businesses must designate workers “whose in-person presence is strictly necessary to allow businesses to maintain the value of inventory and equipment, care of animals, ensure security, process transactions (including payroll and employee benefits), or facilitate the ability of other workers to work remotely.” Businesses must make these designations in writing (oral designations are allowed until March 30, 2020 but written designations are best practice for record-keeping).

Certain critical infrastructure workers may continue working in-person if necessary to sustain or protect life, if the campground follows these conditions:

  • Designate your “critical infrastructure workers” and inform them as required;
  • Restrict the number of workers on premises to those strictly necessary;
  • Promote remote work to the extent possible;
  • Enforce social distancing to the extent possible (e.g., keep everyone at least six feet away from each other);
  • Increase cleaning standards and disinfecting protocols and adopt protocols for cleaning and disinfecting in the event of a positive COVID-19 case in the workplace;
  • Adopt policies to prevent workers from entering your premises if they display any respiratory symptoms or have had contact with someone who is known or suspected to have COVID-19; and
  • Adopt any other social distancing practices and mitigation measures recommended by the Centers for Disease Control and Prevention.

Regarding RVs

Aside from minimums basic operations staff described above, RV dealers may not remain open for the purpose of selling RVs. Doing so is a misdemeanor, punishable by 90 days in jail and a $500 fine. RV dealers may remain open for the purpose of repair and maintenance to the extent necessary to sustain or protect life. That means RV dealers should not be operating to conduct routine repairs and maintenance, but should only keep in-person staff operating if necessary to sustain or protect life. In practical terms, that means very few RV dealers may remain open for service. Although auto repair is deemed necessary to obtain basic necessities like food and medicine, RV dealers generally cannot make a similar argument with regard to the necessity of RVs for daily life.

The State of Michigan has published and is regularly updating a “Frequently Asked Questions” resource relative to Executive Order 2020-21. The following question and answer is included:

“Q. Are car dealerships open?

A. Auto sales is closed, but auto repair and maintenance can remain open subject to the limitations in section 5 of Executive Order 2020-21.”

Section 5 of the order, as referenced in the Q & A, states:

“5. Businesses and operations that employ critical infrastructure workers may continue in-person operations, subject to the following conditions:

  1. Consistent with sections 8 and 9, businesses and operations must determine which of their workers are critical infrastructure workers and inform such workers of that designation. Businesses and operations must make such designations in writing, whether by electronic message, public website, or other appropriate means. Such designations, however, may be made orally until March 31, 2020 at 11:59 pm. Businesses and operations need not designate:

    1. Workers in health care and public health.
    2. Workers who perform necessary government activities, as described in section 6.
    3. Workers and volunteers described in section 9(d).
  2. In-person activities that are not necessary to sustain or protect life must be suspended until normal operations resume.
  3. Businesses and operations maintaining in-person activities must adopt social distancing practices and other mitigation measures to protect workers and patrons. Those practices and measures include, but are not limited to:
    1. Restricting the number of workers present on premises to no more than is strictly necessary to perform the business’s or operation’s critical infrastructure functions.
    2. Promoting remote work to the fullest extent possible.
    3. Keeping workers and patrons who are on premises at least six feet from one another to the maximum extent possible, including for customers who are standing in line.
    4. Increasing standards of facility cleaning and disinfection to limit worker and patron exposure to COVID-19, as well as adopting protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace.
    5. Adopting policies to prevent workers from entering the premises if they display respiratory symptoms or have had contact with a person who is known or suspected to have COVID-19.
    6. Any other social distancing practices and mitigation measures recommended by the Centers for Disease Control.”

For those members who designate critical infrastructure workers that do continue in-person operations, section 5 details further direction: businesses and operations must determine which of their workers are critical infrastructure workers and inform such workers of that designation. Businesses and operations must make such designations in writing, whether by electronic message, public website, or other appropriate means.

Like many other industries and trade associations, MARVAC continues to seek further guidance and clarification from the State of Michigan with regard to whether the Executive Order applies to MARVAC’s members. MARVAC has been informed that the Governor’s Office will soon be providing additional information to guide Michigan businesses’ conduct.

In the meantime, it is important to remember that the Executive Order’s underlying purpose is to protect Michigan residents and keep us safe. With that in mind, if you are uncertain whether your business meets the Executive Order’s criteria for in-person work, you should disallow in-person work until your status is confirmed. We will continue to update members as we receive more information.

Thursday, March 19, 2020

We have received a question regarding the COVID-19 virus from membership. This is uncharted territory for all of us, as we are relying on advice from Michigan Governor Gretchen Whitmer, the World Health Organization (WHO) and Center for Disease Control to keep members, employees, customers and the public safe. We put together a list of resources and links:

RV and Camping Industry

Michigan

National

Business

Last but not least, please read Practical Ways to Cope with Uncertainty

Finally, some good news!

Report: Despite Virus, Many People Camping in U.S. Read article.