COVID-19 Public Health Mandate
of the Town of Concord, MA Board of Health
effective December 28, 2021
Amended January 16, 2022
Notice is hereby given that on December 27, 2021, the Concord Board of Health adopted the following emergency regulation under the provisions of MGL Chapter 111, section 31.
Based upon review of current COVID-19 caseload and testing positivity and new incidence case rates in Concord and in Middlesex County, and the expanding prevalence of the Omicron variant of COVID-19 in the region and across the country, the Board of Health held a meeting on December 27, 2021, and pursuant to M.G.L. Chapter 111, sections 31 and 104 adopt as a public health mandate, the following indoor mask (face-coverings) regulations in the Town of Concord.
Effective on 12:01am December 28, 2021, face coverings (masks) are required for all individuals aged two years and above in all indoor public spaces, houses of worship, private spaces open to the public, or where individuals from different households can gather, except where an individual is unable to wear a face covering due to a medical condition or disability. This excludes private residences, facilities licensed by the Department of Early Education and Care (EEC), which are required to follow current EEC Guidance, and the Concord Public Schools, who are subject to Department of Elementary and Secondary Education (DESE) guidance.
- Food service establishment customers may only remove face coverings when seated.
- Indoor performance venue customers may only remove face coverings in the actual act of eating and drinking, if permitted in the venue. Indoor performers are required to wear face coverings.
- Lodging guests and workers are required to wear face coverings when inside hallways and common areas.
- Fitness Center/Health Club workers, customers, and visitors are required to wear face coverings during fitness activity, including strenuous activity and while on the pool deck and in locker rooms, but not while in a pool where we recommend social distancing measures be maintained.
- At Personal Services establishments, including but not limited to barber shops, hair and nail salons, all customers and workers are required to wear face coverings, except for skin or beard care that occurs on the face, the customer may temporarily remove the face covering but must immediately put the face covering back on for the remainder of the visit.
- Masks remain mandatory for all individuals on public and private transportation systems (including rideshares, livery, taxi, ferries, MBTA, Commuter Rail and transportation stations), in healthcare facilities and in other settings hosting vulnerable populations, such as congregate care settings, as directed by the Governor and the Massachusetts Department of Public Health.
- Residents and employees in multi-unit homes and apartments are required to wear face coverings when inside common hallways and spaces.
- Members and employees in private membership clubs are required to wear face coverings while indoors.
- All entry doors of businesses open to the public must be posted — advising customers that
face masks must be worn inside the establishment. If a customer refuses to wear a mask or face covering for non-medical reasons, a business may decline entry to the individual.
- All Concord private schools are required to follow the American Academy of Pediatrics guidance.
- Concord Public School buildings, when used for non-school activities, are subject to this mandate.
- The Town Manager working with Town staff may consider circumstances where an alternative may be developed for specific businesses, which will be submitted to the Board of Health for review and approval.
To the extent necessary, this Order shall be enforced by Concord Health Department staff as agents to the Board of Health.
Violations of this Regulation may be punished by a civil fine, if after a verbal education and written warning, of up to $300 per violation in the manner provided for non-criminal disposition of violations of Board Health Regulations by MGL Chapter 40, § 21D.
This mandate will be in effect whenever both (i) the 14-day average daily incidence for Concord is at or above 20 per 100,000 as reported by MDPH, and (ii) the Level of Community Transmission data from the US Centers for Disease Control (CDC) for Middlesex County is categorized as "High" over a consecutive four-week period.
This mandate will no longer be in effect whenever both (i) the 14- day average daily incidence for Concord is below 20 per 100,000 as reported by MDPH, and (ii) the Level of Community Transmission data from the CDC for Middlesex County is not categorized as “High”.
This mandate will be reviewed by the Board of Health at each subsequent regular meeting. If no action is taken by the BOH to rescind it, this Regulation will remain in effect.
Public Health Mandate APPROVED by a 4-0 vote of the Concord Board of Health at an Emergency Meeting held on Monday, December 27, 2021 via the Zoom Online Platform (Roll Call Vote: Block, Considine, Haddad, Healey – yes; motion carried 4-0). Reaffirmed by the Concord Board of Health on Tuesday, January 25, 2022.
Concord Board of Health: Jill Block, Chairman, MPH
Mark Haddad, Esq.
Raymond Considine, MSW
Alma Healey, RN