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Mayor’s COVID-19 Emergency Rule No. 9

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Harry Kim takes one of numerous calls that flooded his his home on election night. SB Photo by Rod Thompson

Pursuant to the authority vested in me by Hawaiʻi Revised Statutes Chapter 127A and due to the public health concerns related to COVID-19, I hereby find that immediate promulgation of this rule is necessary and do so in order to protect the health, safety and welfare of the people of this County. This rule amends and restates all Mayoral Covid-19 Emergency Rules.

In accordance with Governor David Y. lge’s Ninth Supplementary Proclamation (“9th Supplementary”), the County and State of Hawaiʻi is within the “Act with Care” phase of the “State Roadmap to Recovery and Resilience.” With the decline of active COVID-19 cases in the County of Hawaiʻi, reopening of more medium risk operations and activities can be allowed. Unless otherwise specified in this rule, all businesses, operations, and activities are permitted to re-open but remain subject to all restrictions and physical distancing requirements of this rule, the 9th Supplementary and any subsequent proclamations or orders, the State Department of Health Reopening Hawaiʻi Safe Practices, the Centers for Disease Control and Prevention (“CDC”) and industry guidelines.

  1. Work in Businesses or OperationsAll businesses, operations, and activities are permitted to open except those businesses, operations and activities delineated in Exhibit 5, as otherwise provided by this rule, and subject to all restrictions and physical distancing requirements of this rule, the 9th Supplementary and any subsequent proclamations or orders, the State Department of Health Reopening Hawaiʻi Safe Practices, and any CDC and industry guidelines.
  2. Safe PracticesAll persons shall implement the following physical distancing and sanitation requirements to the fullest extent possible:
    1. Face covering. Persons over the age of five (5) years old shall wear a face covering as described and recommended by the CDC while in public settings. This requirement shall not apply to persons engaging in exercise activities. This requirement shall also not apply to anyone who has trouble breathing, is unconscious, incapacitated or otherwise unable to remove the face covering without assistance, or as otherwise specifically allowed under this rule. The cloth face coverings recommended are NOT surgical masks, N-95, K-95, KN-95 or other respirators. Those are critical supplies that must continue to be reserved for healthcare workers and other medical first responders. Businesses or operations may refuse to allow entry to persons not wearing a face covering, unless an exception applies under this section.
    2. High risk populations. Elderly 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 have a fever or cough or are exhibiting symptoms such as shortness of breath or difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell, are urged to stay in their residences to the extent possible, except as necessary to seek medical care.
    4. Physical distancing requirements. All persons shall maintain a minimum of six-feet of physical separation from all other persons to the fullest extent possible. Businesses or operations shall designate with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance. Businesses or operations shall monitor and enforce the six-foot distancing requirement set forth in this rule, whether outside waiting in line or as customers move about inside a facility. Checkout operations shall be modified, to the extent reasonably feasible, to provide this separation or to provide a transparent shield or barrier between customers and checkout clerks.
    5. Limited customer occupancy. Each business facility or operation shall determine and enforce the maximum number of customers that may be accommodated while maintaining the specified separation distance and limiting the number of customers in the facility or at the operation to that maximum number at any time.

      It is strongly recommended that a maximum of one (1) customer per two hundred fifty (250) square feet of retail floor area be allowed into a facility or operation to maintain the six-foot distancing requirement and increase physical distancing.
    6. Hand sanitizer and sanitizing products. Businesses or operations shall make hand sanitizer and sanitizing products readily available for employees and customers. Employees handling items from customers, such as cash or credit cards, shall frequently utilize hand sanitizers.
    7. Disinfection. Businesses or operations shall regularly disinfect all high-touch surfaces. All customers/patrons shall sanitize hands at entry. Hand sanitizing stations shall be available at each entrance. Business and operations shall assign, train and schedule employees to sanitize carts, conveyors, counters, handles, knobs, and other high touch surfaces.
    8. Safeguards for high risk populations. Businesses or operations are urged to implement processes to safeguard elderly and high risk customers. High risk persons are encouraged to stay in their residence to the extent possible, except as necessary to seek medical care.
    9. Online and remote access. Businesses or operations shall post online whether a facility is open and how best to reach the facility and continue services by phone or remotely. Businesses or operations shall encourage their customers to do their business remotely by phone or online to the extent possible.
    10. Pickup at store or delivery. Businesses or operations shall provide for, if feasible, online ordering and purchase of goods and customer pickup of orders at a location outside the facility or shall provide for delivery to customer locations.
    11. 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 CDC recommended face coverings while in the business or operation; avoid entering the business or operation if they have a cough or fever or otherwise do not feel well; maintain a six-foot distance from one another; not shake hands or engage in unnecessary physical contact.
  3. GatheringsIndoor gatherings of groups of up to 10 persons are permitted with a maximum of 50 people provided that physical distancing and safe practices can be maintained unless a greater amount of people are permitted under this rule.Outdoor gatherings of groups of up to 10 persons are permitted with a maximum of 100 people provided that physical distancing and safe practices can be maintained unless a greater amount of people are permitted under this rule.
  4. 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
  5. Pursuant to Hawaiʻi 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.
  6. This rule shall take effect June 26, 2020 and shall continue through July 31, 2020 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 Hawaiʻi to be affixed. Done this 26th day of June 2020 in Hilo, Hawaiʻi.

Harry Kim
Mayor
County of Hawaiʻi

CONCURRENCE:
Governor David Y. Ige

View the signed Mayor’s COVID-19 Emergency Rule No. 9 and all Exhibits

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