Pursuant to the authority vested in me by Hawai‘i Revised Statutes Chapter 127A and due to the public health concerns related to COVID-19, I hereby adopt and promulgate the following rules which have the force and effect of law.
The following State of Hawai‘i proclamations related to the COVID-19 emergency authorized by Governor David Ige are relevant to this emergency rule: The Thirteenth Proclamation established a negative test exception to the mandatory self-quarantine requirement for persons entering the State of Hawaiʻi effective October 15, 2020 and suspended certain specified laws; the Fourteenth Proclamation authorized each county to establish a two-test system for transpacific travelers entering the respective counties; the Fifteenth Proclamation established a statewide face covering requirement; the Sixteenth Proclamation modified the requirements for transpacific travel to Hawai‘i; the Seventeenth Proclamation reduced the mandatory self-quarantine for persons entering the State of Hawaiʻi and for travelers to the counties of Maui, Kauaʻi, Hawaiʻi and Kalawao from 14 days to 10 days; the Eighteenth Proclamation extended the state of emergency and clarified the state of mind required for violation of the proclamation and the requirements for self-quarantine exceptions; the Nineteenth, Twentieth and Twenty-First Proclamation which have begun to recognize progress made on managing the crisis and implementing limiting relaxation of certain restrictions.
Consistent with the forgoing, this Emergency Rule is based upon evidence that COVID-19 continues to endure within this state and county via transpacific travel related cases as well as through increased community spread as reported by the State Department of Health and the Centers for Disease Control and Prevention (“CDC”). This Emergency Rule is also based upon scientific evidence that reinforces the types of best practices and social policies that are most effective at mitigating or preventing the transmission of COVID-19.
To date, the number of documented cases of COVID-19 in the State is in excess of 40,659, and there have been at least 529 deaths attributed to this disease in the State.
Nevertheless, the revisions provided in this Rule reflect progress made in Hawai‘i County towards reducing the threat of spread through safe practices. As a result, reduction or elimination of some restrictions is appropriate in limited and controlled environments.
I, Mitchell D. Roth, Mayor of the County of Hawaiʻi, hereby authorize the following:
A. Work in Businesses or Operations
All businesses, operations, and activities are permitted to remain open except those businesses, operations and activities delineated in Exhibit 5, or as otherwise provided by this rule, and subject to all restrictions and physical distancing requirements of this rule, the Governor’s Twenty-First Emergency Proclamation and any subsequent proclamations or orders.
B. Safe Practices
All persons shall implement the following physical distancing and sanitation requirements to the fullest extent possible:
1. Face Coverings Required. Shall be required pursuant to the Governor’s Twenty-First Proclamation, as may be amended from time to time.
2. High risk populations. Those not fully vaccinated and others at high risk for COVID-19 are urged to stay in their residences to the extent possible, except as necessary to seek medical care.
3. Persons who are sick. Persons who are sick or are exhibiting symptoms such as fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, sore throat, new loss of taste or smell, congestion or runny nose, nausea or vomiting, diarrhea or any other symptoms of COVID-19 identified by the CDC shall NOT report to their places of employment and shall stay at their residences, except as necessary to seek medical care.
4. Physical distancing requirements. Shall be set by the Governor’s Twenty-First Proclamation, as may be amended from time to time.
5. Hand sanitizing products. Businesses and operations should provide hand sanitizer or equivalent hand sanitizing products for all employees and customers. All customers/patrons should sanitize hands before entry. Hand sanitizing stations should be available at each entrance.
6. Disinfection. Businesses and operations should regularly disinfect all high-touch surfaces. Businesses and operations should assign, train and schedule employees/staff to sanitize carts, conveyors, counters, handles, knobs, and other high-touch surfaces.
7. Safeguards for high risk populations. Businesses and operations are urged to implement processes to safeguard those not fully vaccinated and other high risk person identified by the CDC that are at increased risk for severe illness from COVID-19. Persons at increased risk are encouraged to stay in their residence to the extent possible, except as necessary to seek medical care.
8. Signage. Businesses or operations shall post a sign at the entrance of the facility informing all employees and customers that they shall, at a minimum: wear face coverings while at the business or operation; avoid entering the business or operation if they have a cough or fever or otherwise do not feel well; maintain the required physical distancing from all others; and not shake hands or engage in unnecessary physical contact.
C. Gatherings
Rules stated herein may be superseded by rules promulgated by the Governor.
Except as otherwise permitted in this Rule and pursuant to Exhibit 6, indoor social gatherings of groups up to 25 persons are permitted and outdoor gatherings of groups up to 75 persons are permitted. Members of a single residential or family unit who share the same address are not restricted.
A social gathering is defined as a planned or spontaneous event, assembly, or meeting that brings together multiple people from separate households in a single space or area, indoors or outdoors, at the same time and in a coordinated fashion.
1. A social gathering includes, but is not limited to, such get-togethers as a banquet, barbecue, concert, fair, festival, funeral, luau, parade, party, picnic, or wedding.
2. A social gathering does not include, and this definition does not apply to:
• Federal, state and county government operations and functions;
• Educational, adult and childcare facilities with adequate and active supervision and monitoring, enforcement capabilities, and established emergency response protocols;
• Businesses, operations, and activities operating under Section A of this Rule.
D. Commercial and Recreational Boating
Commercial and recreational boating will be allowed, subject to all County or State regulations, including any specific operational restrictions imposed by the State of Hawai‘i Department of Land and Natural Resources, and the following conditions:
a. Any vessel having received a certificate of inspection may allow 100% of the rated capacity individuals allowed on the boat, including the boat crew.
b. Sanitation rules detailed in Rules B5 and B6 are followed.
c. If food is served or there are indoor cabins in which passengers congregate, the rules regarding indoor and restaurant service apply.
E. Travel to the County of Hawaiʻi
Transpacific travel to the County of Hawai‘i shall be governed by the Governor’s proclamations and rules as may be amended from time to time.
Further pursuant to the Governor’s s Twenty-First Proclamation, as may be amended from time to time, all persons traveling to Hawaiʻi Island are subject to the State of Hawai‘i’s mandatory 10 day self-quarantine unless an exemption or modification applies. The period of self-quarantine shall begin from the date of entry onto Hawaiʻi Island and shall last 10 days or the duration of the person’s presence on the island, whichever is shorter.
F. Specific Rules Relating to Businesses, Operations, and Activities
Exhibit 1. Restaurants, bars, food courts, and other food establishments
Exhibit 2. County Parks and Recreational Facilities
Exhibit 3. Barber Shops and Beauty Operators
Exhibit 4. Places of Worship
Exhibit 5. Businesses, Operations and Activities to Remain Closed
Exhibit 6. Commercial/Business Gatherings
G. Pursuant to Hawai‘i Revised Statutes Section 127A-29, any person violating this Rule shall be guilty of a misdemeanor, and upon conviction, fined not more than $5,000 or imprisoned for not more than one year, or both.
H. This rule shall take effect immediately and shall continue through September 24, 2021, unless extended, rescinded, superseded, or amended by my subsequent order, or as otherwise provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed. Done this ___ day of July, 2021 in Hilo, Hawai‘i.
Mitchell D. Roth
Mayor
County of Hawai‘i
CONCURRENCE:
Governor David Y. Ige
View the Signed Covid-19 Rule No. 16 and Exhibits
WHEREAS, Chapter 127A Hawaiʻi Revised Statutes, provides for the establishment of emergency management and disaster relief, including the Mayor having direct responsibility and authority over emergency management within the County; and
WHEREAS, Chapter 127A Hawaiʻi Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawai‘i County Code, establishes a Civil Defense Agency within the County of Hawai‘i and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawai‘i County Charter empowers the Mayor of the County to declare emergencies; and
WHEREAS, on February 28, 2020, the Mayor of the County of Hawaiʻi issued an Emergency Proclamation declaring a state of emergency due to the outbreak of COVID-19 being recognized as a public health emergency of international concern and a public health emergency for the United States; and
WHEREAS, on March 4, 2020, the Governor of the State of Hawaiʻi issued a Proclamation declaring a state of emergency based upon the actions and directives of the President of the United States, the World Health Organization, the United States Centers for Disease Control and Prevention, and current conditions warranting preemptive and protective actions related to the outbreak of COVID-19; and
WHEREAS, the Governor of the State of Hawai‘i has issued 21 Emergency Proclamations related to the COVID-19 Emergency as of June 7, 2021; and
WHEREAS, since February 28, 2020 the Mayor of the County of Hawai‘i has issued eight Emergency Proclamations, 15 Emergency Rules, seven Amendments and three extensions to those Rules related to COVID-19 as of May 29, 2021; and
WHEREAS, COVID-19 continues to endanger the health, safety, and welfare of the people of the County of Hawai’i and a response requires the serious attention, effort and sacrifice of all people in the County of Hawai’i to avert unmanageable strains on our healthcare system and other catastrophic impacts to the County of Hawai’i; and
WHEREAS, due to the possibility of imminent emergency or disaster due to bodily injury to residents of the County of Hawaiʻi, and the need for government agencies and representatives from the private sector to mobilize and provide financial and other immediate services to our island residents, a state of emergency is authorized pursuant to Chapter 127A Hawaiʻi Revised Statutes, and Chapter 7, Hawaiʻi County Code; and
NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawai‘i, do hereby proclaim and declare that a state of emergency continues to exists due to the imminent danger or threat of emergency on Hawai‘i Island from the COVID-19 pandemic.
This Ninth Supplementary Emergency Proclamation shall be effective July 28, 2021, continuing thereon until September 24, 2021, unless terminated or superseded by a separate proclamation, whichever shall occur first.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai‘i to be affixed. Done this ___ day of July, 2021 in Hilo, Hawai‘i.
Mitchell D. Roth
Mayor
County of Hawai‘i
CONCURRENCE:
Governor David Y. Ige