COVID-19 RESOURCES - MEMBERS
Last Updated: October 19, 2020
Helpful Resources as you Navigate COVID-19 in Your Workplace
Safer at Home & Mask Order
Rental Late Fees & Payments
NAHB/Stimulus Information
Labor/Employment-Related Information
DSPS, Construction & Inspections
Contract Language
Updates on Facemasks and other PPE
Protecting Yourself, Your Employees, and Your Worksites
Safer at Home Order
Emergency Order #3
25% Capacity Statewide & Frequently Asked Questions
Statewide Mask Mandate
Safer at Home Order Extension
Frequently Asked Questions (UPDATED 5/13)
Gov. Evers Announces Best Practices and Safety Guidelines for Wisconsin Businesses
Gov. Evers Announces New Order Allowing In-Person Retail Sales
Wisconsin Supreme Court Issues Ruling on Safer at Home Order
WBA Outside Legal Counsel Robert Procter has provided a legal analysis on Governor Evers' Safer at Home Order. Please ensure you read it to see how the order impacts your business.
Even though Governor Evers has noted that people won’t need provide proof that their travel/work is essential, WBA has provided this letter for members to use and provide their employees, as several members have asked for a sample letter for their employees just in case.
Requirements for Essential Businesses and Operations to Remain Open
To the greatest extent possible, shall use technology to avoid meeting in person, including virtual meetings, teleconference, and remote work (i.e., work from home).
Businesses may not engage in door-to-door solicitation, regardless of its purpose or status as an Essential Business or Operation.
Shall comply with Social Distancing Requirements as defined in the Order including, to the greatest extent possible, ensure that both employees and members of the public are maintaining six-foot social distancing, including but not limited to wo when any customers are standing in line.
Landlords or rental property managers shall avoid entering residential premises unless emergency maintenance is required.
When taking any action permitted under this order, to the extent possible, follow the DHS guidelines set forth here.
All Essential Businesses and Operations and all businesses preforming Minimum Basic Operations shall comply with the DHS guidelines for businesses located here.
When providing “Professional Services” such as legal or accounting services, insurance services, real estate services, shall, to the greatest extent possible, use technology to avoid meeting in person, including virtual meetings, teleconference, and remote work (i.e. work from home).
Helpful Documents for Your Workplace
There have been questions relating to whether a “Response Plan” is required. At this point, we do not believe they are required. The Wisconsin Economic Development Corporation is encouraging businesses to follow best practices to develop a COVID-19 Response Plan.
Best Practices:
Resource 1
Resource 2
For a Sample Response Plan from the National Association of Home Builders, click here.
Rental Late Fees & Payments
The Department of Agriculture, Trade, and Consumer Protection issued an Emergency Rule that prohibits landlords from charging any tenant a fee or a penalty for nonpayment of rent or late payment of rent during an emergency declared pursuant to Wis. Stat. s. 323.10 and for 90 days following the expiration of the emergency. The Emergency Rule is an amendment to Wisconsin Administrative Code Chapter ATCP 134, which only applies to residential rental practices. The rule does not apply to commercial tenants.
The Emergency Rule’s Effective Start Date is April 25, 2020. The Emergency Rule expires on September 21, 2020.
NAHB/Stimulus Resources
The NAHB has been working closely with the White House to discuss strategies to provide needed aid and stimulus to the housing sector in the wake of the coronavirus threat that is wreaking short-term havoc on the national economy. Congress has already been working on a bill to address several housing-impacted topics. Click here to read the actions that have already been taken and how NAHB is continually working with the federal government on relief.
Resources:
NAHB Letter to DHS Regarding Essential Construction
Housing Industry Preservation Memo
NAHB Preparedness/Workplace Guidance
Stimulus Resources
For additional information from NAHB on their COVID-19 response, click here.
Labor & Employment-Related Information
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the Act) into law. The Act requires employers to provide paid leave for some employees related to the coronavirus (COVID-19) pandemic, among other measures. The leave provisions of the Act take effect no later than 15 days after it is signed by the president. Click here to learn more.
This link provides information on how small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees.
For questions regarding Unemployment, Workers Compensation, Training, Equal Rights, and other Workforce Questions, please click here.
Memo Summarizing SBA Loan Programs under CARES Act
COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
DSPS, Construction & Inspections
The Wisconsin Builders Association has been in constant communications with DSPS on your behalf to ensure that you continue to receive the services needed to continue working. Thanks to the agency’s response to our requests, we have received the following information:
Governor Evers issued Emergency Order #22 providing flexibility to the Wisconsin Department of Professional Services (DSPS) across a number of services that include physician assistants, construction, fire departments, and certified public accountants. The most important to the home building industry addresses the time limits for issuing one- and two-family dwelling permits. The Uniform Dwelling Code (UDC), Wis. Admin. Code.§ SPS 320.09, governs building permits for one- and two- family dwellings. The applications are made to the municipality or the authorized UDC inspection agency administering and enforcing the code where the property is located. The municipality or the authorized UDC inspection agency administering and enforcing the code has 10 business days to approve or deny the building permit application. Instead of having a strict 10-business-day deadline for approving or denying a building permit, Governor Evers' Order #22 provides that the action to approve or deny a uniform building permit application shall be completed within “a reasonable amount of time after receipt of all forms, fees, plans and documents required to process the application, and completion of other local prerequisite permitting requirements.”
It is unclear whether this added flexibility will lead to a delay in receiving uniform building permits. The WBA has received reports that uniform building permits have continued to be issued, but that some builders have experienced delays even prior to the order.
The report also addresses construction outside of the UDC including the inspection of public buildings and places of employment, the issuance of permits for elevators, escalators, and lift devices, camp unit building permits, and submission of paper / electronic plans.
The Order was effective immediately on April 9, 2020, and will remain in effect for the duration of the public health emergency under Executive Order #72. Executive Order #22 does not have an end date, but will be terminated when the Governor terminates the “Health Emergency” in Wisconsin. We expect it to continue to past the expiration of the Safer At Home Order, which is currently scheduled to end on April 24, 2020.Read the letter from DSPS here.
Any contractor who is told to proceed without an inspection sighting SPS 320.10(2)(b)(3), "construction may proceed if the inspection has not taken place by the end of the second business day following the day of notification or as otherwise agreed between the applicant and the municipality or authorized UDC inspection agency" should confirm with the inspector that this will not effect the ability to receive an occupancy permit once the project is completed.
Construction, construction sites and projects, including public works and remodeling projects have been exempt from the 10-person limit per our request. For additional information, please refer to the Executive Order 8 Amendment.
Many customers and members have had questions regarding deadlines and requirements. DSPS has ensure they are working as quickly as possible to make decisions and communicate answers. For the most up to date information on changes to DSPS operations, please visit www.DSPS.WI.Gov.
Contract Language
The WBA was asked whether there is a provision for contracts that members could use to address delays in performance and / or additional costs for labor and materials that are the result of causes beyond the control of the builder.
Below is an example that members may use. Members should be very careful to make sure the provision when used is consistent with the contract that the member is using. For example, a contract may already have a “force majeure” provision or some other provision that addresses delays. Moreover, the below provision would need to be revised to be consistent with the terms used in your contract. For example, your contract may refer to the parties as “Builder” and “Owner”. If that is the case, then the below provision should be revised so that the term Seller is changed to Builder and the term Buyer is changed to Owner.
You need to be very careful when revising contracts, and you should use an attorney if there is any doubt as to the change.
The WBA form contracts will be updated on its website with the new language in the very near future.
DELAYS:
A. Extensions. Seller shall be entitled to an equitable extension of any date or deadline in this agreement for any delay in performance for causes beyond the control of Seller. Seller shall give Buyer written notice of any impending delay. The notice must specify the reason(s) for the delay, and must specify a new date for completing the work or item subject to the date or deadline.
B. Additional Costs. If Seller incurs additional costs as a result of a delay, including increased costs for labor and/or materials for causes beyond the control of Seller, Seller shall be entitled to an equitable adjustment to the construction price.
C. Causes Beyond The Control of Seller. Examples of causes beyond the control of Seller include, but are not limited to: acts or omissions of Buyer; acts of God; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics, outbreaks, or pandemics; riots; power failures; accidents; labor disputes; acts of civil or military authority; governmental actions or orders; or inability to obtain labor, material, equipment or transportation.
D. Mitigation of Delays. If delays to the project are encountered for any reason, Buyer and Seller agree to take reasonable steps to mitigate the effect of such delays.
Facemasks and Other PPE
The COVID-19 outbreak is placing tremendous strain on Wisconsin health care’s supply of Personal Protection Equipment (PPE). This includes quickly dwindling supplies of gowns, gloves, eye shields and, especially, face masks (specifically NIOSH 95 masks, or N95s). This equipment is critical to protecting our frontline health care workforce from infection when testing and treating for COVID-19, keeping our dedicated doctors, nurses, technicians and others there when we all need them most.
Because of surging usage and still inadequate supply, Vice President Pence, at the White House briefing earlier this week, asked all construction companies to donate unused/packaged N95 masks to their local hospitals and to limit ordering more.
Click here for the list of hospital managers around the state that you can direct your donations to. While our industry, along with so many others, are feeling the effects of this pandemic, we appreciate your help in protecting our healthcare workers who are on the front lines of battling this disease.
Protecting Yourself, Your Employees, and Your Worksites
The Center of Disease Control has put together an extensive document on recommendations to ensure you are doing your part in limiting the spread of the virus at your workplace and worksites. Please click here for information on what you can do to protect yourself and your workers.