Epsten, APC Coronavirus Update – April 6, 2021

San Diego, Riverside, San Bernardino and Imperial Counties
Move to Less Restrictive Orange Tier

As of April 6, 2021, the State has assigned these tiers to the following counties:

  • San Diego County: Tier 3 – Moderate (orange) – Effective April 7th
  • Riverside County: Tier 3 – Moderate (orange) – Effective April 7th
  • San Bernardino County: Tier 3 – Moderate (orange) – Effective April 7th
  • Los Angeles County: Tier 3 – Moderate (orange) – No Change
  • Orange County: Tier 3 – Moderate (orange) – No Change
  • Imperial County: Tier 3 – Moderate (orange) – Effective April 7th
  • Kern County: Tier 2, Substantial (red) – No Change
As most of us recall, every county in California is assigned to a tier based on its positivity rate, adjusted case rate, and health equity metric. Counties must remain in a tier for at least 3 weeks before moving to a less restrictive tier. Counties must meet the next tier’s criteria for two consecutive weeks to move to a less restrictive tier. If a county’s metrics worsen for two consecutive weeks, it will be assigned a more restrictive tier. Read more about tier assignment rules.
In accordance with California’s Blueprint for a Safer Economy, tier status goes into effect the Wednesday following each weekly tier assignment announcement on Tuesdays, unless otherwise directed by the State.

 

As a reminder, the tiers are:

  • Tier 1 – Widespread (purple)
  • Tier 2 – Substantial (red)
  • Tier 3 – Moderate (orange)
  • Tier 4 – Minimal (yellow)
Permitted services and activities may resume with required modifications according to your county’s assigned tier and subject to any additional restrictions required by local jurisdictions.
See below and refer to the State’s website for more information on the status of activities open in each county.
For information regarding the tier assigned to your county visit the California COVID-19 Blueprint for A Safer-Economy webpage.
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The State guidelines on the various sectors are as follows:

VENTILATION FOR INDOOR OPERATIONS

All businesses permitted to operate indoors based the State’s tiers must follow the California Department of Public Health’s interim Guidance for Ventilation, Filtration, and Air Quality. 

POOLS

Widespread (purple):
  • Outdoor pool operations may remain open.
  • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
  • Indoor pools, saunas, hot tubs and steam rooms remain closed.
  • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
Substantial (red):
  • Outdoor pool operations may remain open.
  • Outdoor hot tubs may open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
  • Indoor pools, saunas, hot tubs and steam rooms remain closed.
  • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
Moderate (orange):
  • Outdoor pool operations may remain open.
  • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
  • Indoor pools may open when physical distancing can be maintained for non-household groups.
  • Indoor saunas, hot tubs and steam rooms remain closed.
  • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.
Minimal (yellow):
  • Outdoor pool operations may remain open.
  • Outdoor hot tubs may remain open only for use by one household group at a time or in cases where six feet of distancing can be maintained.
  • Indoor pools, saunas, hot tubs and steam rooms may open when physical distancing can be maintained for non-household groups.
  • Associations must follow all applicable “Additional Considerations for Swimming Pools / Aquatic Venues” found in the State’s Industry Guidance for Gyms and Fitness Facilities.

GYMS AND FITNESS CENTERS

Widespread (purple):
Substantial (red):
Moderate (orange):
Minimal (yellow):
In all Tiers: Personal training between a total of one person and one trainer at a time per premises is allowed. Associations must follow the applicable provisions of the State’s Industry Guidance for Limited Services when providing one-on-one personal fitness training.

LIBRARIES

 Widespread (purple):
Substantial (red):
Moderate (orange) & Minimal (yellow):

MOVIE THEATERS

 Widespread (purple):
Substantial (red):
Moderate (orange):
Minimal (yellow):

OUTDOOR RECREATIONAL FACILITIES

In all Tiers:

RESTAURANTS

Widespread (purple):
Substantial (red):
  • Restaurants may open indoor with modifications. Indoor capacity must be limited to 25% or 100 people, whichever is less.
  • Associations must follow all applicable provisions of the State’s Industry Guidance for Dine-In Restaurants.
  • Wineries, breweries, and distilleries (where meals are not served) outdoor only with reservations, seating, 90-minute time limit and limited hours of operation.
  • Bars where no meals are provided must remain closed.
Moderate (orange):
Minimal (yellow):

HAIR SALONS

In all Tiers:

OUTDOOR LIVE SEATED EVENTS & PERFORMANCES

All outdoor live events and performances must comply with the State’s Outdoor Seated Live Events and Performances Guidance. A permissible outdoor venue for live audience performances must either be a permanent and fixed facility, focused around a stage round, field court, or other central area designed primarily for viewing entertainment or athletics by an audience OR a defined and demarcated outdoor area.
If your association has a permissible outdoor venue, please consult with your association’s legal counsel regarding the various restrictions and capacity limitations based on your county’s tier assignment.