On Friday, April 17, Santa Clara County published new interpretive guidance to help regulators and members of the public understand how the County’s March 31 shelter-in-place order affects the construction of state-licensed Residential Care Facilities for the Elderly (“RCFEs”). According to the County, construction of RCFEs may now continue while the County’s order remains in effect.

The County’s March 31 shelter-in-place order forbids most construction, with limited exceptions. One exception allows for construction of “[p]rojects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response.” (See March 31 Order at section 13(f)(v)(B).) The County’s new interpretive guidance clarifies that RCFEs fall within the scope of this exception. The County emphasized that “[t]here is an acute need for residential care facilities for the elderly in the County to support a vulnerable population that needs particularized services and support during the COVID-19 crisis.”

For more information regarding COVID-19 and its impacts on the construction industry, please visit Hanson Bridgett’s COVID-19 Resource Center.