A shelter-in-place order in NJ requires you to stay inside the building you’re already in — your home, your workplace, a store, wherever you happen to be when the alert arrives — until state or local authorities confirm it’s safe to come out. The Governor can issue one whenever outdoor conditions pose an immediate danger, and ignoring it is a disorderly persons offense that carries a fine of up to $1,000 and up to six months in jail.1Justia. New Jersey Code App.A 9-49 – Violations as Disorderly Conduct, Penalty, Prosecution The trigger can be a chemical release, a hurricane, a public health emergency, or an active security threat, and the alert usually reaches you with little warning.
How the Alert Reaches You
Most shelter-in-place notifications arrive by Wireless Emergency Alert, the short message that pushes to every WEA-capable cell phone connected to a local tower in the affected area. You don’t sign up, you don’t download anything, and it works even if you’re visiting from out of state.2FEMA.gov. Wireless Emergency Alerts WEAs cover imminent threats including hazardous weather, chemical releases, and active shooter situations.
Many New Jersey counties also run opt-in notification systems that send alerts by phone, text, and email, but these require you to register in advance with your county Office of Emergency Management. If you’ve never signed up, you won’t get county-level messages. The Emergency Alert System reaches television and radio at the same time, which is why a battery-powered radio belongs in every emergency kit.
What to Do the Moment the Order Hits
Get inside the nearest sturdy building and bring any pets with you. Shut and lock all exterior doors and windows, because locking creates a tighter seal than closing alone. Turn off your HVAC system and any fans, and close the fireplace damper so the building stops drawing in outside air.3Federal Emergency Management Agency. Shelter-in-Place Guidance Turn on a radio or check your phone for official updates, and stay off the roads so emergency responders can move.
Chemical or Hazardous Material Release
A chemical event calls for a stricter protocol. Pick an interior room with as few windows and doors as possible, ideally on an upper floor since many chemical vapors sink, and preferably near a water supply such as a bedroom connected to a bathroom. Use duct tape and plastic sheeting to seal the gaps around the door, around windows, over electrical outlets, and over any vents. Cover sink and toilet drain traps where you can, and drink only stored bottled water rather than anything from the tap.4Cape May County. Shelter in Place
A sealed room has a limited useful life. New Jersey emergency management guidance notes that sheltering this way for a chemical event typically should not exceed two to three hours, because contaminated air gradually works its way inside. Past that point, if authorities direct evacuation, leaving usually becomes the safer choice.5New Jersey Office of Emergency Management. Shelter in Place Guidelines
Severe Weather, Flooding, and Earthquakes
The right posture changes with the hazard. For a tornado or severe thunderstorm, move to a small, windowless interior room on the lowest floor. For flooding, go to the highest level of the building, but never into a closed attic where rising water can trap you. For an earthquake, drop, take cover under sturdy furniture, and hold on until the shaking stops.3Federal Emergency Management Agency. Shelter-in-Place Guidance In every case, wait for the all-clear before stepping outside.
How Long You’ll Be Inside
Duration depends entirely on what caused the order. A chemical release is usually measured in hours. A severe weather order may run a day or two. A public health emergency can stretch much longer, though the Emergency Health Powers Act requires any public health emergency declaration to terminate after 30 days unless the Governor renews it under the same standards used to issue the original.6New Jersey Legislature. Emergency Health Powers Act – Chapter 222
For emergencies declared under the Disaster Control Act, no automatic expiration is written into the statute. The order remains in effect until the Governor issues a new executive order lifting it. For real-time status, watch the Governor’s official website and local broadcasts.
When You Can Legally Leave
The default rule during an active order is that you stay put. What you may do outside the building is set by the specific executive order the Governor signs, and the language changes with every emergency. During the COVID-19 orders, residents could leave for medical care, groceries, and pharmacy needs. During a chemical release, you may not be permitted to leave at all.
Public gatherings are prohibited while an order is active. Social events, in-person religious services, and community meetings are postponed until the order lifts. Law enforcement patrols public areas and officers may stop drivers to ask the purpose of their trip.
Businesses face similar sorting. Non-essential operations are typically ordered to close for in-person work while grocery stores, pharmacies, gas stations, and medical facilities stay open. The specific list of what counts as essential is defined inside each executive order; there is no permanent statutory list to consult in advance.
Penalties for Violating the Order
Breaking a shelter-in-place order is a criminal offense in New Jersey. Under N.J.S.A. App.A:9-49, violating any order, rule, or regulation the Governor issues under the Disaster Control Act is a disorderly persons offense, punishable by a fine of up to $1,000, up to six months in jail, or both, at the court’s discretion.1Justia. New Jersey Code App.A 9-49 – Violations as Disorderly Conduct, Penalty, Prosecution A separate provision reaches anyone who aids or abets a violation, so helping someone else break the order exposes you to the same penalties.
Charges are filed in the municipal court for the town where the violation allegedly occurred.1Justia. New Jersey Code App.A 9-49 – Violations as Disorderly Conduct, Penalty, Prosecution During past emergencies, enforcement has ranged from warnings to arrests depending on the severity of the conduct and how aggressive the local police response was. The most common scenario is being stopped on the road without an essential purpose. A disorderly persons conviction creates a criminal record in New Jersey, so the consequences reach beyond the fine itself.
If You’re at Work When the Order Is Issued
Your employer has safety obligations the moment the order takes effect. OSHA expects employers to maintain emergency action plans that include shelter-in-place procedures, designate specific shelter areas inside the building, and shut down ventilation when hazardous materials are involved.7Occupational Safety and Health Administration. OSHA Field Safety and Health Management System Manual – Chapter 7 Employees, contractors, and visitors should move to those designated areas and stay there until an all-clear or an evacuation order is given. Employers are also responsible for training staff on the plan and running annual drills.
What happens to your paycheck depends on how you’re classified. Exempt (salaried) employees must receive their full weekly salary when the employer closes the business, as long as the employee was ready, willing, and able to work. Federal regulations prohibit deductions from an exempt employee’s salary for absences caused by the employer or by operating requirements of the business when the employee is available.8eCFR. 29 CFR 541.602 – Salary Basis If the business stays open and an exempt employee chooses not to come in, the employer can deduct a full day’s pay or require use of accrued paid time off; partial-day deductions are not allowed and can cost the employee exempt status entirely.
Non-exempt (hourly) employees have less protection. Under the Fair Labor Standards Act, employers owe hourly workers only for hours actually worked, so a closure with no work performed carries no federal pay obligation. An employer may allow or require you to use accrued vacation or PTO to cover the lost hours, depending on company policy and any employment contract.
New Jersey’s version of the WARN Act, which normally requires 90 days’ notice before mass layoffs, has been amended to exclude layoffs triggered by a national emergency. Employers forced to cut staff during a federally declared emergency do not face WARN Act liability for the lack of advance notice.
Supplies to Have Ready Now
Once an order is active, stores may be closed and roads may be impassable, so the kit has to be built in advance. The New Jersey Office of Emergency Management recommends at least a three-day supply of food and water: a minimum of one gallon of water per person per day, plus nonperishable, ready-to-eat food that needs no refrigeration or cooking.9NJ.gov. Emergency Food and Water Supplies Include nonperishable food for pets.
- Battery-powered radio with spare batteries, for official updates if cell service and power go down
- Flashlight with spare batteries
- First aid kit and at least several days of prescription medication
- Duct tape, plastic sheeting, and scissors for sealing a room during a chemical event
- Phone charger and a portable battery bank
- Blankets and extra clothing, which matter most during winter storms when heat may be off
- Cash, since ATMs and card readers often fail during power outages
Residents With Disabilities, Medical Needs, or Pets
New Jersey runs Register Ready, a program that lets residents with disabilities, chronic medical conditions, or other special needs register with their county Office of Emergency Management so first responders know additional assistance may be needed. Registration is free, can be done online at registerready.nj.gov, by calling 2-1-1, or with help from a 211 specialist who will complete the form for you, and should be renewed annually.10NJ 2-1-1 Partnership. NJ Register Ready
Federal law also requires state and local emergency plans to account for pets and service animals. The PETS Act directs FEMA to ensure preparedness plans address the needs of individuals with household pets and service animals before, during, and after a disaster.11Office of the Law Revision Counsel. 42 USC 5196b – Contributions for Personnel and Administrative Expenses The level of accommodation at any specific public shelter varies by county, so if you’re sheltering at home, bring pets inside at the first alert and keep their food and water in your kit.