State approves local COVID-19 variance request

Relaxed rules for churches, health centers, recreation facilities went into effect Friday

by Mark Craddock

HUERFANO/LAS ANIMAS — On Friday, the state Department of Public Health and Environment granted a variance to its “safer at home” orders for Huerfano and Las Animas Counties, approving a request to allow the opening of recreation areas, RV parks, gyms and places of worship under certain restrictions.

Later that day, Las Animas-Huerfano Counties Health Department Director Kim Gonzales issued new local orders loosening restrictions on houses of worship, gymnasiums and health centers.

Gonzlaes said Tuesday she plans to issue a new public health order later this week, to incorporate both the local variance items and new directives from the CDPHE regarding personal recreation and outdoor industry, which state officials say will be released today.

She said she hopes that by issuing a new order encompassing all the changes, rather than continuing to amend previous orders, it will be easier for people to understand the current state of play of the local fight against COVID-19.

Full text of the new orders, when issued, will be available on worldjournal.com. Follow the “SPECIAL COVERAGE — The latest info on COVID-19…” link to access our complete coverage of the pandemic, free and updated daily.

Local Variance ‘Generally Approved’

So far, the state has approved variance requests from 39 of Colorado’s 64 counties. Only Alamosa, Kit Carson, Logan and Montezuma Counties have had variance requests denied, instead receiving “feedback” from the CDPHE on how to rectify problems with their applications.

The local request, submitted jointly by Huerfano and Las Animas County commissioners and Gonzales’ office, was met with a positive response.

“Your variance requests … are generally approved, with some additional conditions,” CDPHE Executive Director Jill Hunsaker Ryan wrote. “In order to achieve six feet distancing the limit is 50% of the posted occupancy code limit ensuring a minimum 28 square feet per person not to exceed more than 175 people gathered in a confined indoor space at any given time.”

The CDPHE was ambivalent on the local request for restaurants to offer dine-in service, since those provisions were already loosened statewide by executive order last week.

“You may either follow the variance that you have submitted and is now approved, or you may withdraw that variance and follow the amended public health order requirements,” CDPHE Executive Director Jill Hunsaker Ryan wrote. “Please make clear in your communications and notify CDPHE whether you are operating in these counties under the variance or the Safer at Home public health order for restaurants.”

Gonzales said the local health department chose to abide by the new state rules, since they aligned so closely with the changes sought in the variance request. In her approval letter, Hunsaker Ryan noted the two counties’ relatively low incidence of COVID-19. At the time the variance was submitted, Huerfano County had recorded three cases of COVID-19, and Las Animas County had seen five cases. Since then, one additional case emerged in Las Animas County.

“This variance approval is granted based on the facts and circumstances today as you have described them in your request,” Hunsaker Ryan wrote. “If the two counties, together, were to exceed 22 new cases in a week, excluding outbreak-associated cases in the senior care center, the variance is automatically rescinded. Additionally, CDPHE reserves the right to modify or rescind this variance approval as circumstances warrant.”

She wrote that the variance approval is in effect for as long as Gov. Polis’ “Safer at Home” order is in effect.

Tuesday night, the CDPHE announced looser restrictions further on child care facilities, personal services and short-term rentals.

As of today, childcare facilities my operate on thier pre-COVID-19 Department of Human Services occupancy limit.

Facilities should prioritize children of essential workers, parents returning to work and job seekers, the state said.

“This change allows additional facilities to open or expand as increased workforce returns,” the CDPHE releae said.

For personal services such as hairdressers, the state has loosened occupancy restrictions. As of today, no more than 50 people at a time may be in a facility, or a maximum of 50% of occupancy, whichever is fewer.

Updated guidelines for short-term rentals went into effect Tuesday, including safety guidelines for both owners and guests.

The CDPHE is expected to finalize and issue guidelines today regarding places of worship, personal recreation and outdoor industry. Those guidelines are expected to conform closely to the variances Houerfano and Las Animas Counties received.

Local Orders

The latest health order, amended May 29 to incorporate the variance approval, still continues the prohibition on gatherings of more than 10 people, “unless otherwise specifically provided for in any active LAHCDHC Public Health Order.”

The primary exemptions involved houses of worship, gyms and recreation areas.

The orders encourage houses of worship to continue offering online or drive-up services as much as possible, but allow services within a facility if the following guidelines are followed:

Limit the number of guests to no more than 50% of the building’s occupancy code limit, ensuring a minimum of 28 square feet per person or between groups of a single household of 10 or less. Regardless, no more than 175 people may be gathered at a time.

The latest order allows local recreational facilities to open under the following guidelines. County or municipal agencies can enact stricter orders as they see fit. Among the guidelines are:

• Park facilities conducive to gathering, including shelters, picnic areas, and playgrounds are to remain closed.

• Swim beaches, swimming pools and splash pads are to remain closed.

• League or pick-up sports are prohibited at this time.

The latest order also allows local “gyms, health clubs and other similar fitness facilities” to open for limited use. Among the guidelienes are:

• Limit the number of customers to 50% of the posted occupancy code limit ensuring a minimum 28 square feet per person not to exceed more than 175 people gathered in a confined indoor space at any given time.

• Members must wear a face covering while using the facility, when physically possible.

• All members and staff must practice good hand hygiene, either hand washing or sanitizer. Members experiencing symptoms of any illness MUST exclude themselves from using the facility.

• Implement one-way entry/exit and directional walkways as much as possible.

• Spread people out so that there is at least a 6-foot social distance between individuals throughout the facility.