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COVID-19 UPDATE: County Variances Approved May 19,2020

A number of Colorado counties have applied for variance, and several have been approved. As a reminder, Governor Polis gave counties the ability to apply for a variance with the state in order to expedite their businesses reopening or other procedures within their jurisdiction. Both the Governor’s office and CDPHE review and approve these variances. To obtain a variance from the state’s orders, counties must: 

  • Submit a written application to CDPHE certifying that the county has low case counts and/or can document 14 consecutive days of decline in COVID-19 cases reported in the county. 
  • The application must include a COVID-19 suppression plan approved by the local public health agency, all hospitals within the county (unless no hospitals are located in the county) and a majority of county commissioners (or other county-level governing body). 
  • CDPHE shall review and approve a county-specific COVID-19 suppression plan that meets the department's public health standards. CDPHE shall not provide COVID-19 preparedness grant funding to any county that implements measures that are less restrictive than the standards contained in state orders without first obtaining approval from CDPHE.

At this point, most county variances deal with capacity differences, but adhere to state sanitation and distancing requirements. You can find the full list of variances by county below:

Baca County

  • Restaurants can be open at 50% of capacity with 6 feet of distancing at all times 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 and not to exceed 250 in an outdoor space.

Bent County

  • In each confined indoor space, in order to achieve 6 feet social 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 at any given time.
  • For restaurants, tables need to be configured such that the customers at one table are a minimum of 6 feet apart from the customers at any other table.

Crowley County

  • In each confined indoor space, in order to achieve 6 feet social 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 at any given time.
  • For restaurants, tables need to be configured such that the customers at one table are a minimum of 6 feet apart from the customers at any other table

Cheyenne County

  • May allow participants up to thirty percent (30%) of building code occupancy

Custer County

  • All locations shall be limited to 30% of fire code capacity.

Delta County

  • Restaurants shall limit the number of customers seated at interior dining spaces to 30% of the occupancy rate as dictated by the fire code.

Denver

  • For all indoor and outdoor spaces, in order to achieve 6 feet distancing, the limit is 50% of the posted occupancy code ensuring a minimum 28 square feet per person not to exceed more than 50 people gathered in a confined indoor space at any given time, and not to exceed 125 in an outdoor space. To qualify as a “confined indoor space” the space must be a room with four walls and a door that can open and close.

Douglas County

  • Total occupancy of customers within a setting shall be limited to the lowest of the following measurements:
    • Total maximum of 75 customers; OR
    • Customer occupancy that ensures a minimum of 6 feet between seats at different tables; OR
    • 50% fire occupancy.

Elbert County

  • In order to achieve 6 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 100 people gathered in a confined indoor space at any given time.

El Paso County

  • Total occupancy of customers both inside and outside the facility shall be limited to the lowest of the following measurements: i. Total maximum of 50 customers; OR
  • Customer occupancy that ensures a minimum of 6 feet between seats at different tables; OR 30% fire occupancy load Monday-Thursday or 50% fire occupancy load Friday-Sunday.
  • Groups seated together shall be limited to 10 people and must be from the same household or consistent social group.

Fremont County

  • Restaurants shall limit the number of customers seated at interior dining spaces to 30% of the occupancy rate as dictated by the fire code.

Garfield County

  • In order to achieve 6 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.

Grand County

  • In order to achieve 6 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.

Gunnison County

  • Restaurants shall limit the number of customers seated at interior dining spaces to 25% of the occupancy rate as dictated by the fire code.

Huerfano County

  • In order to achieve 6 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.

Hinsdale County

  • In each confined indoor space, in order to achieve 6 feet social 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 at any given time.

Kiowa County

  • In each confined indoor space, in order to achieve 6 feet social 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 at any given time.

Larimer County

  • Capacity for the establishment will be limited to thirty percent (30%) of the maximum occupancy allowed. The establishment may be granted an allowance of up to 60% of maximum occupancy so long as the additional seating is provided in an outdoor, unenclosed space.

Las Animas County

  • In order to achieve 6 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.

Lincoln County

  • Limit the number of customers to 30% of seating capacity

Logan County

  • In each confined indoor space, in order to achieve 6 ft social distancing, the limit is 50% of the posted occupancy code limit ensuring a minimum 28 square feet per person not to exceed more than 100 people at any given time.

Mesa County

  • Restaurants may serve food in their dining areas, including patios, provided they limit the number of customers to no more than 30% of building/fire code capacity

Mineral County

  • In order to achieve 6 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 gathered in a confined indoor space at any given time, and not to exceed 250 in an outdoor space

Moffat County

  • In order to achieve 6 feet distancing the limit is 30% of the posted occupancy code limit not to exceed more than 175 people gathered in a confined indoor space at any given time.

Montrose County

  • In each confined indoor space, in order to achieve 6 feet social distancing, the limit is 50% of the posted occupancy code limit ensuring a minimum 28 square feet per person not to exceed more than 50 people at any given time.

Otero County

  • In each confined indoor space, in order to achieve 6 feet social 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 at any given time.
  • For restaurants, tables need to be configured such that the customers at one table are a minimum of 6 feet apart from the customers at any other table.

Ouray County

  • In each confined indoor space, in order to achieve 6 feet social distancing, the limit is 50% of the posted occupancy code limit ensuring a minimum 28 square feet per person not to exceed more than 100 people at any given time.

Phillips County

  • Limit the number of customers to 50% of seating capacity indoors, with a total of no more than 50 customers indoors, whichever is less.

Pitkin County

  • In order to achieve 6 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.

Prowers County

  • In each confined indoor space, in order to achieve 6 feet social distancing, the limit is 50% of the posted occupancy code limit ensuring a minimum 28 square feet per person not to exceed more than 100 people at any given time.

Pueblo County

  • In order to achieve 6 feet social distancing, the limit is 50% of the posted occupancy code limit ensuring a minimum 28 square feet per person not to exceed more than 100 people at any given time in a confined indoor space, and 175 people in any outdoor setting.

Rio Blanco County

  • Limit the number of clients to 30% of your fire code capacity if known, or 30% of maximum dine in capacity 

Rio Grande County

  • Restaurants must limit the number of dine-in customers to 30% of total restaurant capacity.

Routt County

  • Limit capacity to 50% of the posted occupancy code – ensure 28 square feet per person.
  • Limit not to exceed more than 175 people at any given time.

Teller County

  • In a confined indoor space, in order to achieve 6 ft social distancing, the limit is 50% of the posted occupancy code limit ensuring a minimum 28 sq feet per person not to exceed more than 175 people at any given time.

Washington County

  • In order to achieve 6 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, and not to exceed 250 in an outdoor space.
  • Only bars that seat customers at tables and close down gathering spaces such as lobbies are authorized to operate, subject to these capacity restrictions and in accordance with the requirements in your variance application.

Yuma County

  • In a confined indoor space, in order to achieve 6 feet social distancing, the capacity 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 at any given time.


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