Corona Protection Ordinance
Saxon Corona Protection Ordinance - SächsCoronaSchVO
From 30 October 2020
On the basis of section 32 sentence 1 in conjunction with section 28(1) sentences 1 and 2 of the Infection Protection Act of 20 July 2000 (Federal Law Gazette I p. 1045), of which section 28(1) sentences 1 and 2 are replaced by Article 1 number 6 of the Act of 27 March 2020 (Federal Law Gazette I p. 587), in conjunction with § 7 of the Ordinance of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion on the Regulation of Responsibilities under the Infection Protection Act and on the Reimbursement of Costs for Vaccinations and Other Prophylactic Measures of 9 March 2020 (BGBl. I p. 587). January 2019 (SächsGVBl. p. 83), which was amended by the ordinance of 13 March 2020 (SächsGVBl. p. 82), the Saxon State Ministry of Social Affairs and Social Cohesion decrees
§ 1
Principles
(1) On the occasion of the Corona pandemic, everyone is urged to reduce physical-social contacts with people other than members of their own household to the absolute minimum necessary. Wherever possible, a minimum distance of 1.5 meters from other people must be maintained and further measures to prevent infection must be observed (contact restriction). These principles apply to all areas of life, including workplaces.(2) In addition to the regulations in § 3, it is strongly recommended to wear a mouth-nose cover for contacts in public areas in order to reduce the risk of infection for oneself and others. This also includes regular hand hygiene and avoiding hand-face contact. Parents and guardians should ensure that their children or persons under their care comply with these recommendations, if they are able to do so. People with disabilities and those with health impairments may, if they are not able to do so, refrain from wearing the mouth-nose-cover. It is permissible to temporarily waive the mouth-nose-covering in contact with hearing impaired people who depend on reading lip movements. Regular ventilation should be provided in closed rooms. To improve contact tracing to infected persons, the use of the Corona-Warn App of the Federal Government is strongly recommended.
(3) It is strongly recommended to generally refrain from private travel and visits - including visits from relatives except for good reasons. This also applies to domestic and supra-regional tourist trips.
§ 2
Contact restriction, distance control
(1)The stay in public is only permitted with members of one's own household and a further household up to a maximum of ten persons. Private gatherings, meetings, events as well as celebrations in own domesticity
are permitted with members of their own household and one other household up to a maximum of ten persons or with a maximum of five persons.
(2) The minimum distance of 1.5 meters must be maintained in facilities and for offers according to § 5.
(3) The minimum distance of 1.5 metres as well as paragraph 1 shall not apply in day care facilities, in school buildings and on the premises of schools, at school events and for offers pursuant to Section 32 of Book Eight of the Social Security Code - Child and Youth Services - (SGB VIII) in the version of the announcement of 11 September 2012 (Federal Law Gazette I p. 2022), last amended by Article 3 paragraph 5 of the Act of 9 October 2020 (Federal Law Gazette I p. 2075). The minimum distance or alternative protective measures may be determined by the general decree of the State Ministry of Social Affairs and Social Cohesion regulating the operation of day care facilities, schools and boarding schools in connection with the fight against the SARS-CoV-2 pandemic. Sentence 1 shall apply mutatis mutandis to training and further training institutions that provide vocational, school or academic training.
(4) Paragraph 1 does not apply to meetings in churches and rooms of religious communities for the purpose of religious practice as well as to funerals.
(5) Subsection 1 shall not apply to meetings of the state parliament, the state government and the local representative bodies as well as the authorities, courts, public prosecutor's offices or other bodies performing public duties, and measures serving the supply or health care of the population, as well as meetings of local councils and of their committees and organs, as well as nomination meetings of political parties and voters' associations and necessary committee meetings of legal entities under private and public law, works meetings and events of the parties to collective bargaining agreements.
§ 3
Mouth and nose cover
(1) A mouth-nose cover shall be worn:
1. when using public transport for the carriage of persons, including cabs, or regular transport services for the purpose of transport between the place of residence/family home and facilities of persons with disabilities, persons in need of care or patients for their treatment
2. when staying in wholesale and retail stores and stores,
3. during the stay in health care facilities in accordance with § 23 paragraph 3 sentence 1 of the Infection Protection Act and by employees of outpatient care services in the exercise of care. Excluded are the specific treatment rooms as well as the patients admitted as in-patients at their seat for the reception of food and beverages and in their rooms;
4. during visits to facilities in accordance with § 36 paragraph 1 number 2 of the Infection Protection Act,
5. when staying in any premises open to the public with regular public access:
a) in shopping centers, accommodation facilities (traffic and common areas, dining rooms until the square is reached) and public administration buildings
b) in banks, savings banks and insurance companies,
c) in all gastronomic facilities including snack bars and cafés for and at the delivery and collection of take-away food and beverages
d) in churches and rooms of religious communities with the exception of the ritual reception of food and beverages,
e) in training and further training institutions which serve the purpose of vocational, school or academic training, as well as on their premises, with the exception of teaching in music and dance colleges or if the minimum distance of 1.5 metres is observed,
6. when staying in school buildings, on the premises of schools and at school events; this does not apply,
a) if the minimum distance of 1.5 meters is observed,
b) for the primary level,
(c) for shelters,
(d) in the education of secondary school pupils,
(e) in the teaching of special needs schools at lower secondary level, also for teachers and other staff involved in teaching,
f) in the teaching of the Werkstufe of special schools with the focus on intellectual development,
g) in inclusive lessons for the main areas of hearing and speech, and
h) to take food and drinks in the school building and
7. when staying at bus stops, railroad stations, pedestrian zones, areas dedicated to sports and games (except for children under the age of ten), at weekly markets and at outdoor sales stands. This applies from 6.00 a.m. to midnight. Excluded are the movement without stopping with means of transport and sporting activities.
(2) Children up to the age of six years are exempt from the obligation under paragraph 1. Paragraph 1 does not apply to personnel if other protective measures have been taken or there is no customer contact. § 1 paragraph 2 sentence 4 and 5 applies accordingly. In order to substantiate an exemption from the obligation according to paragraph 1, it is sufficient to grant access to a severely disabled person's pass or a medical certificate. In this respect, the use and stay according to paragraph 1 cannot be denied for reasons of infection protection law. Persons who, contrary to the obligation according to para. 1, do not wear a mouth and nose cover without an exception according to sentences 2 to 4, the use according to para. 1 sentence 1 number 1 alternative 1 as well as the stay according to para. 1 sentence 1 number 2 to 7 is prohibited.
§ 4
Closure of facilities and offers
(1) It is prohibited to open and operate, with the exception of permitted online offers of:
1. educational and training institutions which are not subject to the
serve vocational, school or academic training,
2. open air pools, indoor pools, spas, thermal baths, as far as they are not rehabilitation facilities
3. steam baths, steam saunas and saunas,
4. gyms and similar facilities, as long as they are not used for medically necessary treatments,
5. arcades, casinos, betting shops and similar facilities,
6. facilities and equipment for leisure and amateur sports, with the exception of individual sports alone, in pairs or with one's own household and school sports. This does not apply to training organized for individual sports as well as their sports competitions without an audience and for athletes,
a) for whom an employment contract exists which obliges them to perform sports for a remuneration and which serves predominantly to secure their livelihood, or
b) who belong to the federal squad (Olympic squad, perspective squad, junior squad 1) and junior squad 2 of the German Olympic Sports Confederation or the top squad of the German Disabled Sports Association or the squad in a junior performance center in the Free State of Saxony;
7. amusement parks, amusement parks, botanical and zoological gardens, zoos, leisure activities,
8. folk festivals, fairs, Christmas markets,
9. discotheques, dance parties,
10. fairs, conferences and congresses,
11. museums, music schools, cinemas, theaters, opera houses, concert halls, concert venues music theaters, clubs and music clubs and appropriate facilities for the public
12. libraries, with the exception of media lending and with the exception of specialist libraries and libraries at universities, the Saxon State and University Library and the German National Library
13. offers of the child and juvenile welfare service without social-educational support, facilities and offers of the child and youth recovery,
14.circuses,
15. prostitution sites, prostitution events, prostitution agencies, prostitution vehicles,
16. bus trips and accommodation offers for tourist purposes as well as school trips,17. events that serve entertainment purposes,
18. restaurants, bars, pubs and similar establishments. Excluded is the delivery and collection of take-away food and beverages as well as the operation of canteens and refectories;
19. establishments providing services close to the body, with the exception of medically necessary treatment and hairdressers,
20. all other institutions and facilities that serve the recreation of leisure time.
(2) Entering and working by operators and employees are not covered by the prohibition under paragraph 1.
§ 5
Facilities, businesses and offers with hygiene concept and contact data collection
(1) Facilities, establishments and offers not prohibited under Section 4(1) shall be permitted subject to compliance with the hygiene rules set out in paragraphs 2 to 4 and the contact data collection referred to in paragraph 6.
(2) No more than one customer per ten square meters of sales area may be present in wholesale and retail stores and stores.
(3) The SARS-CoV-2 occupational safety standard of the Federal Ministry of Labour and Social Affairs, the SARS-CoV-2 occupational safety rule as well as existing sector-specific concretisations of the accident insurance institutions or the supervisory authority and the relevant recommendations of the Robert Koch Institute for infection protection in their respective versions or concepts and recommendations of the professional associations must be taken into account. Further protective regulations are to be observed in accordance with the general ruling of the State Ministry of Social Affairs and Social Cohesion on the ordering of hygiene requirements to prevent the spread of the corona virus and the general ruling of the State Ministry of Social Affairs and Social Cohesion on the regulation of the operation of day care facilities, schools and boarding schools in connection with the fight against the SARS-CoV-2 pandemic.
(4) On the basis of the recommendations and regulations mentioned in paragraph 3, a separate written hygiene concept shall be drawn up and implemented. This concept shall include in particular the regulation of distance to other persons and further hygiene measures. The hygiene concept shall designate a responsible contact person on site for compliance with and implementation of the hygiene concept, the applicable contact restrictions and distance regulations as well as for wearing a mouth-nose cover. The competent authority can check the hygiene concept and its compliance.
(5) For persons accommodated or working in reception facilities or collective accommodation for refugees, the accommodation authorities shall make arrangements depending on the facility and property in coordination with the competent authorities.
(6) Personal data for tracing infections shall be collected by organisers and operators of facilities, offers and businesses that are not prohibited under Section 4(1); this does not apply to the area of wholesale and retail stores, stores and sales stands, or to the delivery and collection of take-away food and beverages. For this purpose the following personal data are to be processed: Name, telephone number or e-mail address and postal code of the visitors as well as the period of the visit. These data are to be collected, protected from inspection by third parties, and kept available for the responsible authorities for a period of one month after the end of the visit. Upon request, they are to be transmitted to these authorities; processing for other purposes is not permitted unless otherwise stipulated by federal law. The data must be deleted or destroyed immediately after expiry of the deadline.
(7) If a digital collection of contact data is provided for in accordance with paragraph 6, the following additional
1. a similar collection of contact data of the visitor and
2. to enable barrier-free data collection
Who employs persons who
§ 6
Seasonal workers
1. temporarily enter the territory of the Free State of Saxony from abroad for the purpose of taking up work on a regular basis or for at least three weeks at a certain time within a year (seasonal workers),
2. live in shared accommodation and
3.work in companies where more than ten employees including temporary workers, employees of a factory and other persons are employed at the same time must ensure that they have a medical certificate in German or English at the beginning of their employment from which it can be concluded that a molecular biological test has shown no evidence of infection with the coronavirus SARS-CoV-2 The test must have been performed no more than 48 hours prior to arrival. Persons who do not have the medical certificate according to sentence 1 may not be employed. The farmer employing seasonal workers shall be obliged to notify the competent authority of the commencement of work of seasonal workers in principle 14 days before they start. A later notification is only sufficient if the holder can credibly demonstrate that an earlier notification was not possible for compelling operational or other reasons. The notification must contain the names of the seasonal workers, their place of accommodation, the type and period of work and the contact details of the holder. The obligation to notify shall also apply if the seasonal workers change the business or the employer during their stay in the Federal Republic of Germany.
§ 7
Visiting and entry regulations for health and social care facilities
(1)The following facilities may be visited under the conditions set out in paragraph 2:
1. retirement and nursing homes,
2. institutions according to § 2 paragraph 1 of the Saxon Care and Quality of Living Act of 12 July 2012 (SächsGVBl. p. 397), which was last amended by the Act of 6 June 2019 (SächsGVBl. p. 466), and outpatient assisted living communities as well as residential groups with people with disabilities according to § 2 paragraphs 2 and 3 of the Saxon Care and Quality of Living Act, as far as part 2 of the Saxon Care and Quality of Living Act applies to them
3. hospitals and preventive and rehabilitation facilities in which medical care comparable to that provided by hospitals is provided (facilities pursuant to § 23 para. 3 sentence 1 nos. 1 and 3 of the Infection Protection Act of 20 July 2000 (Federal Law Gazette I p. 1045), last amended by Article 5 of the Act of 19 June 2020 (Federal Law Gazette I p. 1385)), and
4. inpatient child and youth welfare institutions requiring approval pursuant to § 13 (3) sentence 1, § 19 (1) sentence 1, § 34 sentence 1, § 35, § 35a (2) nos. 3 and 4, § 42 (1) sentence 2 and § 42a (1) of Book Eight of the Social Security Code as well as homes in which integration assistance services for children and adolescents are provided.
(2) The institutions according to paragraph 1 are obliged to maintain the possibility to visit. As part of a hygiene plan in accordance with § 36, paragraph 1, nos. 1 and 2 or § 23, paragraph 5 of the Infection Protection Act or an independent concept, the following shall be established by means of regulations on visits and, if necessary, on the leaving and entering of the facilities by the residents
to ensure that the regulations do not lead to complete social isolation of those affected (facility-based, resident-oriented visit concept) In particular, the regulations must contain provisions on hygiene measures to be observed, the number of visitors, the traceability of possible chains of infection, and to ensure ongoing practical training in the health and nursing professions. § 5 paragraph 6 and 7 shall apply accordingly. Visiting and entry regulations are to be adapted to the current regional infection situation and must be in an appropriate relationship between the protection of the persons cared for and their personal rights and freedom.
(3) Workshops for disabled persons and offers from other service providers in accordance with Section 60 of Book of Nine of the Social Security Code of 23 December 2016 (Federal Law Gazette I p. 3234), as last amended by Article 8 of the Act of 14 December 2019 (Federal Law Gazette I p. 2789), must have an occupational health and safety and hygiene concept that takes into account the recommendations and regulations mentioned in Section 5 (3) and (4). In the case of employees living in facilities according to paragraph 1 number 2, the occupational safety and hygiene concept must be coordinated with the respective management of the workshop employees' residential facility. In this context, arrangements shall be made in connection with the return to the facility, in particular regarding transportation and work organization. Sentences 1 to 3 shall apply mutatis mutandis to other day-structuring services for people with disabilities, whereby the occupational safety and hygiene concept shall be replaced by the hygiene concept pursuant to § 5 (4).
(4) Judicial hearings may take place in all facilities under subsection 1. This includes the right of presence of procedural advisors, procedural nurses and other parties to the proceedings.
(5) On-site contacts by employees of the Social Welfare and Youth Welfare Office, guardians, lawyers, notaries public, procedural trustees and of legal guardians as well as by persons having custody, as far as matters of personal care have to be taken care of, and parents with visiting and access rights are also permitted. Visits for pastoral care purposes are also permitted. Visits must be coordinated with the facility management in advance; the facility management may make admission subject to conditions. In cases of suspicion, access is to be denied in accordance with the guidelines of the Robert Koch Institute.
(6) Also permitted is entry by employees of supervisory authorities, the home supervisory authority, and the medical services of the statutory and private health insurance companies as well as for medical and therapeutic care.
(7) The State Ministry of Social Affairs and Social Cohesion may issue further regulations and hygiene rules by general decree. Exceptions may be permitted by the competent municipal authorities in individual cases, provided that this is necessary or justifiable in terms of infection control law.
§ 8
Measures taken by the competent local authorities
(1) Depending on the current regional infection situation, the competent local authorities may take aggravating measures to contain the infection. This includes in particular the order to make it compulsory to wear a mouth-nose cover in public places in places where people come together more closely or for longer periods of time. The measures are to be announced in accordance with local custom. Measures taken are to be checked by the responsible local authorities with regard to their continued maintenance.
(2) In the event of a concrete spatially limited increase in the number of infections (hotspot), appropriately limited measures shall be taken.
§ 9
Meetings
(1) The right of assembly within the meaning of the Saxon Assembly Act of 25 January 2012 (SächsGVBl. p. 54), last amended by Article 7 of the Act of 11. May 2019 (SächsGVBl. p. 358) remains unaffected.
(2)At assemblies in the sense of paragraph 1, the wearing of a mouth and nose cover is mandatory for all assembly participants. This also applies to the chairman of the meeting and steward. Only fixed assemblies are permitted in the open air. § 2 paragraph 2 and § 3 paragraph 2 sentence 1, 3 and 4 apply accordingly.
§ 10
Enforcement assistance, administrative offences
(1)The authorities responsible under § 1 para. 1 sentence 1 of the Regulation of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion for the regulation of responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures shall
1. the provisions of this Regulation,
2. the duties and powers exercised by the supreme state health authority pursuant to § 1 para. 1 sentence 3 of the Regulation of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion to regulate the responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures in urgent cases and
3. to implement the measures taken by the supreme state health authority pursuant to § 1 paragraph 2 of the Regulation of the Saxon State Government and the Saxon State Ministry for Social Affairs and Social Cohesion to regulate the responsibilities under the Infection Protection Act and for the reimbursement of costs for vaccinations and other prophylactic measures. The principle of proportionality must be observed. In doing so, you can ask the local police authorities for enforcement assistance. The responsibilities for the enforcement of the industrial safety regulations according to the Saxon Industrial Safety Competence Ordinance of 6 July 2008 (Sächsische Arbeitsschutzzuständigkeitsverordnung of 6 July 2008 (SächsGVBl. p. 416), which was last amended by the Ordinance of 8 October 2019 (SächsGVBl. p. 706), remain unaffected.
(2) An administrative offence within the meaning of Section 73 (1a) No. 24 of the Infection Protection Act shall be committed by any person who
1. intentionally
a) contrary to § 2 paragraph 1 sentence 1 is in the public with more than two households up to a total of ten persons,
b) contrary to § 2 paragraph 1 sentence 2 at a private gathering, meetings, events as well as celebrations in own domesticity with more than two
Households up to a maximum of ten persons or with more than a maximum of five persons.
c) contrary to § 2 paragraph 2 does not keep the minimum distance of 1.5 meters,
d) in contravention of § 4 (1) opens, operates, conducts, visits or uses facilities, establishments or events and no exception under paragraph 1 numbers 2, 4, 6, 8, 13, 19 or 20 or paragraph 2 or 3 exists,
2. negligently or intentionally
(a) contrary to § 3(1), Nos 1 to 5 or 7 or § 9(2), first sentence or second sentence, does not wear a mouth-nose cover and there is no exception under § 3(1), No 3, No 5(c) or (d), No 7 or (2) or § 9(2), third sentence
b)contrary to § 5 paragraph 4 sentence 1 opens, operates or carries out facilities, businesses and offers without a hygiene concept or does not comply with the hygiene concept
c)contrary to § 5 paragraph 4 sentence 3, does not specify a contact person on site,
d)contrary to § 5 (4) sentence 3 does not enforce the contact restrictions, distance regulations or the obligation to wear a mouth and nose cover
e) does not collect personal data contrary to § 5 paragraph 6 and there is no exception according to § 5 paragraph 6 sentence 1, half sentence 2,
f)contrary to § 6 sentence 1, employs a person without proof of employment or does not make the notification pursuant to § 6 sentence 4 or does not do so in time and no exception pursuant to § 6 sentence 5 exists,
g) contrary to § 7 paragraph 2, does not draw up an independent concept for visiting, entering and leaving the facility.
§ 11
Inkrafttreten, Außerkrafttreten
(1)Diese Verordnung tritt am
2. November 2020 in Kraft. Gleichzeitig tritt die Sächsische
Corona-Schutz-Verordnung vom 21. Oktober 2020 (SächsGVBl. S. 546), außer
Kraft.
(2) Diese Verordnung tritt mit Ablauf des 30. November 2020 außer Kraft.
Die Staatsministerin für Soziales und Gesellschaftlichen Zusammenhalt
Petra Köpping