New Pandemic-Related Requirements Regarding Ventilation Systems, Air Circulation for Many Georgia Businesses

Governor Kemp of Georgia this week updated the pandemic rules for the state in a new Executive Order. The new rules are in effect through the end of February, and are likely to be renewed in March. They create a new requirement that many businesses ensure proper operation of their ventilation systems, and that air circulation and purification be improved if feasible. Much of the substance of the prior Orders remains otherwise unchanged.

BUSINESSES AFFECTED

The new requirement applies to Restaurants and Dining Rooms (including bars and also indoor movie theaters and cinemas with food service areas), Critical Infrastructure, non-Critical Infrastructure, and schools and school districts. It mandates as follows:

Ensur[ing] ventilation systems operate properly and increase circulation and purification of air within facilities as practicable.

There is no definition of “ventilation systems” or of “circulation and purification of air” in the Order.  Ensuring compliance may require an initial inventory of what systems a business has in place and then evaluating how well they operate. Note, however, that the circulation and purification provision appears not to be a stringent requirement, since it applies “as practicable.”  The circulation/purification provision also does not appear to apply to “systems,” and so it may include measures as simple as opening windows and doors depending on the business. 

Any business required to abide by the rules of Critical or non-Critical Infrastructure rules as well as its own industry-specific rules will also have to comply with this new requirement. That includes amateur sports teams and sports organizations, Live Performance Venues, and children’s Camps. (Capitalized terms are as defined in the current and preceding Orders.)

BOTTOM LINE

The effect of this new requirement is that many businesses will need to ensure their HVAC systems and any other “ventilation” systems are in good working order, and that if they have a reasonably effective way to increase circulation and purification of air in their facilities, they should use it. We recommend that any business that is unsure whether or how the new Order applies to them consult with counsel.