Mayor Mitch Roth signed the Mayor’s COVID-19 Emergency Rule No. 19 yesterday, easing various COVID-19 restrictions throughout Hawaiʻi County. The new emergency rules come on the heels of David Ige’s lastest Emergency Proclamation Related to COVID-19, signed yesterday, November 29, which suspends laws allowing the counties to instate and enforce their own emergency rules without his concurrence. This is the first time the counties have been granted the ability to do so since the Roth Administration took office last December.

“Moving forward, each county will need the ability to quickly adapt to the needs of their individual communities as we begin to emerge from the COVID-19 pandemic and on to a new and better normal,” said Mayor Mitch Roth. “We have seen the unique needs of our island home over the past year, and we are confident that by continuing to work together, hand-in-hand, while sticking to what we know works, we will be able to keep our island safe while restoring our economy and getting people back to the activities that they love most. That said, we are grateful to Governor Ige for acknowledging our needs and granting us the opportunity to pivot as necessary.”

The relaxed restrictions include, but aren’t limited to, an increase in gathering sizes, both in and outdoors, expanded capacity of restaurants, bars, and barbershops, and an increase in capacity of indoor and outdoor recreational areas, pending approved COVID-19 mitigation measures for all events or activities with the potential to generate gatherings over the permitted maximum number of persons allowed. Facemasks will continue to be mandated in indoor gathering settings and are strongly encouraged outdoors in large groups. Special event requests will still be required for gatherings larger than the allowed limits, indoors and out.

“There is still much uncertainty in how the virus will continue to mutate, and we encourage all our residents not to let their guard down,” said Mayor Mitch Roth. “So long as everyone follows the rules and remains mindful of their neighbors, we will be able to continue easing restrictions and reopen with a measured approach. Vaccines remain our best defense against COVID-19, and we ask that everyone who hasn’t gotten their vaccine or booster, but would like to, do so as soon as possible.”

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 began to recognize progress made on managing the crisis and implementing limiting relaxation of certain restrictions; the Emergency Proclamation Related to the COVID-19 Response dated August 5, 2021, noted that Delta, a highly contagious SARS-CoV-2 virus strain, has resulted in spiking case numbers around the world and continued to spread in our State; and the Emergency Proclamation Related to the State’s COVID-19 Delta Response dated October 1, 2021, noted that the Delta strain continued to create considerable risk of infection for members of our community and continues to endanger the health, safety and welfare of the people of Hawai’i.

On November 2, 2021, Governor Ige issued Executive Order No. 21-08, which set statewide limits for social gatherings, restaurants, bars, social establishments, and gyms.  Subsequently, on November 29, 2021, Governor Ige issued an Emergency Proclamation Related to COVID-19.

Since then, there has been a gradual reduction in the number of COVID-19 cases on Hawai’i Island with seven-day average of cases at twelve (12) per day and the test positivity rate at 2.4% as of November 29, 2021.  Currently, over sixty-three percent of Hawai‘i Island residents have been vaccinated.  This Emergency Rule is based upon evidence that COVID-19 continues to endure within this state and county via  travel related cases as well as through community spread as reported by the State Department of Health (“DOH”) 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 87,585, and there have been at least 1018 deaths attributed to this disease in the State.

The continued spread of COVID-19 has resulted in increased hospitalization and strained health care resources, including utilization of a limited number of ICU hospital beds on island.  Without immediate action, the County of Hawai‘i is unable to meet urgent health care needs of our island community.  As a result, it has become necessary to continue restrictions with a gradual modification of our Emergency Rule that recognizes progress being made in the reduction of positive COVID-19 cases and to reduce the threat of spread and enable our health care resources to meet urgent health care needs attributable to the spread of COVID-19.

I, Mitchell D. Roth, Mayor of the County of Hawaiʻi, hereby authorize the following:

1. Work in Businesses or OperationsAll 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 face covering, safety restrictions and physical distancing requirements of this rule, the Governor’s Emergency Proclamation Related to the COVID-19, dated November 30, 2021, as may be amended, and any subsequent proclamations or orders.  Nothing in this rule shall prevent businesses, operations, or activity sponsors from protecting their employees and customers by requiring proof of vaccination or a recent negative COVID test of employees or customers as a condition to entry into the business establishment, operation or to participating in an activity.
2. County Government Operations
   1. Individuals entering a County Facility pursuant to this Rule shall minimize time within County Facilities to the extent reasonably possible. This shall include going directly to the room, department, or area of the County Facility in which their presence is required and leaving immediately after their Official County Business is complete.Individuals who enter County Facilities must, while therein, comply with Safe Practices requirements set forth in the Governor’s Emergency Proclamation, dated November 30, 2021, as may be amended from time to time, and maintain six (6) feet between themselves and any other person to the extent feasible.
   2. Inasmuch as county offices vary in size and ability to accommodatemembers of the public in a manner consistent with safe practices, each county department head may issue protocols and adjust department operations as necessary to minimize direct interaction between its staff and the public or to minimize the number of persons entering its offices.
3. Safe PracticesAll persons shall implement the following physical distancing and sanitation requirements to the fullest extent possible:

   1.         Face Coverings Required.   Face coverings shall be required pursuant to the Governor’s Emergency Proclamation Related to the COVID-19, dated November 30, 2021, as may be amended from time to time.

   1. 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.
   2. 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.
   3. Physical distancing requirements.Physical distancing requirements shall be set by the Governor’s Emergency Proclamation Related to COVID-19, dated November 30, 2021, as may be amended from time to time, shall be followed.5.         Hand sanitizing products.  Businesses and operations are urged to provide hand sanitizer or equivalent hand sanitizing products for all employees and customers.

      6.         Disinfection.  Businesses and operations are urged to regularly disinfect all high-touch surfaces.

4. GatheringsRules stated herein may be superseded by rules promulgated by the Governor.

   Except as otherwise permitted in this Rule and pursuant to Exhibit 2 (County parks operations)  and Exhibit 6 (special events requests), indoor social gatherings of more than twenty-five (25) persons and outdoor social gatherings of more than  one hundred (100) persons are prohibited.

   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;
      • Park operations and functions governed by Exhibit 2.
5. Travel to the County of Hawaiʻi 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.
6. County Boards and Commission MeetingsCounty board and commission meetings currently conducted in accordance with existing protocols shall continue to do so as set forth by Exhibit C of Governor Ige’s Emergency Proclamation Related to COVID-19 dated November 29, 2021, or at such time as Exhibit C expires, and as provided in Hawai’i Revised Statutes Chapter 92, as amended.
7. Specific Rules Relating to Businesses, Operations, and Activities

1. Safeguards for high risk populations.Businesses and operations are urged to implement processes to safeguard members of the public by implementing requirements for vaccination or proof of a negative COVID test within 72 hours of entry.Those not fully vaccinated and other high risk person identified by the CDC that are at increased risk for severe illness from COVID-19 are encouraged to stay in their residence to the extent possible, and to avoid crowded settings except as necessary.
2. Signage.Businesses or operations shall post a sign at the entrance of the facility informing all employees and customers of any vaccination and/or testing restrictions and 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.

Exhibit 1. Restaurants, bars, food courts, and other food establishments

Exhibit 2. County Parks and Recreational Facilities

Exhibit 3. Businesses, Operations and Activities to Remain Closed

Exhibit 4. Commercial/Business Gatherings

H.        Violations and Penalties

Pursuant to Hawai‘i Revised Statutes Section 127A-29, and Hawai‘i Revised Statute Chapter 291D, any person violating this Rule shall be guilty of an emergency period infraction, as defined in section 291D-2, HRS, and fined $250.00 for each violation.  Any person violating mandatory quarantine/isolation requirements shall be guilty of an emergency period infraction, as defined in section 291D-2, and fined $500.00 for each violation.

Nothing contained in this section shall modify the criminal penalties for violating transpacific travel or quarantine rules set forth in the Governor’s Proclamations as may be amended.  Should the penalty provisions relating to quarantine violations be adjudged inconsistent with the Governor’s Proclamation, the Governor’s Proclamation shall govern.

Additionally, it shall be a petty misdemeanor for any person to intentionally and/or knowingly fail or refuse to comply with any lawful order or direction of any law enforcement officer, to and including failing to provide the person’s name and address, or any proof thereof, or both, as requested in the course and scope of the law enforcement officer’s duties under this Rule.

I.          This Rule shall take effect immediately and shall continue through January 28, 2022, 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 30^nd day of November, 2021 in Hilo, Hawai‘i.

Mitchell D. Roth

Mayor

County of Hawai‘i

Signed Mayor’s COVID-19 Emergency Rule No. 19