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Is roofing considered essential if my employees are able to maintain the safety distance/guidelines when working in NY?

New YorkCoronavirus

I am owner of a small roofing company with 9 employees that are contractors including myself. On a job we usually have approx 4-6 employees working at a time we are based in Long Island NY. We have always been able to maintain safety distances on the job and all employees wear masks. We have future jobs booked on roofs on residential homes but I’m unsure with the new ruling if we should start them or should I shut down. As the new rulings are very vague in with regards to roofing and if it’s considered essential. Thank you for your help

3 replies

Apr 3, 2020

New York's original stay home order allowed most construction to continue, but Governor Cuomo has stepped up the restrictions on which businesses can remain open. For the most part, residential construction is considered non-essential.

What kinds of construction work are considered "essential" in New York?

Projects necessary to protect the health and safety of occupants are considered "essential" and can continue. So, if the property would unsafe if the work isn't immediately done, then they'll likely be essential. But, if there isn't much urgency and if the property and inhabitants will be safe without immediate work, the work might not be essential. Further, work on the following types of projects is considered essential:

bridges,
roads,
transit facilities,
utilities,
hospitals,
health care facilities,
affordable housing,
homeless shelters

As mentioned above, New York has limited construction a great deal - more so than most other states. Plus, the state has instituted steep fines for those who operate in contravention to the order - up to $10,000. So if you are unsure of whether you qualify based on the above criteria, it might be better to err on the side of caution and safety. You can read New York's additional guidance on the stay home order here: Guidance for Determining Whether a Business is Essential.

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Apr 4, 2020

I had a job for a customers roof in ny with leaks before the covid outbreak. We were waiting for winter to end and now we are conserned of risking fines if we do roof over at this time.is this considered essential considering leaks cause mold and mold causes respiratory problems?

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Apr 6, 2020

It's completely reasonable to be worried about being fined for continuing your work. However, under New York's guidance on essential businesses, construction "necessary to protect health and safety of occupants" is allowed. As you mentioned above - a leaky roof can be unsafe to the occupants for a number of reasons. And, because mold can quickly grow and create respiratory issues for inhabitants, it makes even more sense that the work might need to be done in a hurry during this coronavirus outbreak. So, it makes sense that the work would be deemed essential. For an additional layer of safety - note that a single worker who is the sole employee/worker on the site is explicitly allowed and won't count as "construction" for the purposes of this guidance. So, if a short-term (or even a long-term) fix can be done by using one lone worker, then there'd presumably be little risk in making that fix. I hope this was helpful. For updates on whether work can or cannot be performed, this tracker from Levelset is a great resource: Can I do Construction Work In my State?

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