A non-exhaustive list of examples of the flexibility of this program include:
These examples are illustrative only and each business, organization and entity should consult legal counsel to determine appropriate policies for their indoor spaces. Jefferson County Public Health cannot provide legal advice and these examples do not constitute legal advice.
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Any business, event or organization operating in an indoor space may apply to become an Approved Fully Vaccinated Facility. The approval may apply to an entire building 24/7, certain times and dates, certain rooms within the facility, or may just be limited to a single event at that facility. This program is designed to be flexible to meet the needs of our diverse community.
Although there are no requirements for masks outdoors, facilities and events may choose to implement proof of vaccination JCPH County Public Health is not necessary for outdoor spaces.
Facilities and events subject to state or federal orders requiring face coverings regardless of vaccination status, including facilities subject to the Colorado Department of Public Health & Environment Public Health Order 20-38 and the CDC Transportation Order are not eligible for this program.
The keystone to the application process is a facility’s or event’s vaccination verification policy and the implementation of that policy. Here is a checklist for your application.
To meet the requirements of this program, the policy must result in at least 95% of the individuals in the indoor space are vaccinated. To calculate the percentage of fully vaccinated individuals in the indoor space, the facility or event must count all individuals indoors, including but not limited to children under 5 and individuals exempt from the vaccine requirement, regardless of the reason.
Facilities and event organizers are advised to consult legal counsel to determine appropriate policies based on their particular circumstances and considering their legal requirements and obligations.
The Approved Fully Vaccinated Facility program recognizes that each facility and event may have unique needs reflecting the diversity of our community. To be eligible for this program, facilities and events must prove that they are meeting the three requirements below. The program does not require any particular type of written policy nor does it require or prohibit any particular exemptions as long as the facility or event can prove that 95% of the individuals in each approved indoor space have provided proof of full vaccination against COVID-19.
Facilities and events should consult with legal counsel to determine policy compliance with any applicable federal, state, and local laws. Jefferson County Public Health cannot and will not review policies for such compliance and cannot provide legal advice to businesses, individuals, or other entities. Businesses, individuals and event organizers are encouraged to consult with an attorney prior to developing their policies.
All Approved Fully Vaccinated Facilities and Events are required to demonstrate the following three requirements:
Pursuant to PHO 21-006, proof of vaccination means one of the below forms of documentation demonstrating receipt of one course of a single dose COVID-19 vaccine or two doses of any two-dose COVID-19 vaccine plus any subsequent or booster dose of a vaccine as recommended by the Advisory Committee on Immunization Practices (ACIP) in accordance with the recommended timelines.
Facilities and events must verify proof of vaccination with one of the following methods:
Jefferson County Public Health does not require any business, facility or event to retain any of the identified forms of proof of vaccination records as a condition of this program. Facilities and events should retain records demonstrating compliance with their policy and program requirements.
Please familiarize your business, employees, and staff with the FBI’s Public Service Announcement regarding fake vaccine cards.
To report suspicious activity involving fake vaccination cards:
While Jefferson County Public Health expects that facilities and events request to verify every individual’s vaccination status, JCPH recognizes that for some facilities and events, an exemption from the fully vaccinated requirement may be required by law, for example, pursuant to Title VII or the Americans with Disabilities Act, or because of ineligibility for the vaccine due to age. In this case, the facility or event may choose whether to admit unvaccinated individuals as long as unvaccinated individuals compromise less than 5% of all individuals in the indoor space. Facilities and events are advised to consult legal counsel about their legal obligations with respect to exemptions.
Facilities and events that have less than 95% of individuals within its indoor space fully vaccinated may risk becoming ineligible for the program, have their program approval revoked, or may be determined to be in violation of Public Health Order 21-006.
The program does not require any facility or event to provide exemptions to the proof of vaccination requirement. However, if a facility or event permits exemptions from the vaccination requirement then, regardless of the reason for the exemptions, the facility should be able to prove that it has verified that at least 95% of the individuals within its facility or event are fully vaccinated. The calculation of the 95% must include all people in the indoor space, including but not limited to exempt individuals and individuals who are ineligible for the vaccine (i.e. those under 5).
The program requires that you request proof of vaccination for all individuals. The program only permits up to 5% of the individuals within a facility to be unvaccinated, even if those unvaccinated individuals are wearing a mask or otherwise ineligible for the vaccine (for example, under age 5).
Facilities and events may permit individuals who will not or cannot provide proof of vaccination in any outdoor setting (e.g. by seating unvaccinated customers outside) or providing certain hours during which any individual (including unvaccinated) may enter the facility as long as all individuals, including vaccinated individuals, are wearing a mask in compliance with PHO 21-006.
A negative test presented in lieu of proof of vaccination as part of a facility policy will not meet the requirements of the Fully Vaccinated Facility program.
Facilities and events may permit children not yet eligible for the vaccine (currently, those under 5) indoors. The facility or event must still meet the requirement that 95% of attendees or individuals within the space have provided proof of vaccination. The facility or event must include the children in the calculation of the 95%. In other words, until a vaccine is approved for those under age 5, facilities must count children under 5 towards the up to 5% of unvaccinated individuals permitted pursuant to the program requirements. However, individuals not eligible for the vaccine and other exempt individuals may be required to wear a mask.
Approved Fully Vaccinated Facilities should direct delivery personnel to leave deliveries outside to the extent practicable, and, to the extent such deliveries must be made inside, they should minimize interactions with individuals who have not provided proof of full vaccination. All individuals within the same enclosed area during delivery, repair or maintenance activities must mask pursuant to PHO 21-006.
Once a facility or event is approved as an Approved Fully Vaccinated Facility or Event, it must continue to implement its policy and verify proof of vaccination for all individuals entering its approved indoor space(s). The facility or event may allow individuals to enter the indoor space without a mask. In addition, if the application indicated the event or facility is implementing additional mitigation measures then it must continue to implement those. If Jefferson County Public Health conditionally approved the application, the facility or event must implement the conditions of approval.
Approved Fully Vaccinated Facilities or Events must post a sign at the door(s) to their indoor spaces indicating that they are an approved vaccine verifying facility or event and that proof of vaccination is required to enter. Signage will be provided by JCPH upon approval into the program.
A business falsely advertising that they have been approved by Jefferson County Public Health when they have not been approved is in violation of Public Health Order 21-006.
Facilities and businesses should include, as part of their policy development process, a policy for individuals who refuse to comply with that facility or event’s policy, including consequences, such as denial of entry. Jefferson County Public Health cannot provide legal advice to facilities or events.
Admitting an individual to your facility or event in violation of your policy will be considered a violation of the program terms and may subject you to penalties under PHO 21-006.
Facilities and events that have received approval for the program agree to unannounced inspections by Jefferson County Public Health.
This program is based on facility and event policies, not the vaccination status of any individual person, and as a general matter Jefferson County Public Health will not inquire into the vaccination status of an individual person for purposes of enforcement. However, Jefferson County Public Health may ask to review a facility’s or event’s policy implementation and tracking system to ensure compliance with their policy and program requirements.
Jefferson County Public Health may request information on the vaccination status of individuals for purposes of case investigation or contact tracing.
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