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 adopt and promulgate the following rules which have the force and effect of law.

The following State of Hawaiʻi proclamations related to the COVID-19 emergency authorized by 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 Hawaiʻi; 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.

Since then, however, there has been an alarming increase in the spread of COVID-19 which is primarily related to the DELTA variant of COVID-19. Consistent with the forgoing, the Governor issued an Emergency Proclamation Related to the COVID-19 Response dated August 5, 2021 and subsequently issued Executive Order 21-05 (Statewide Limits for Social Gatherings, Restaurants, Bars, and Social Establishments), dated August 10, 2021 (hereinafter “EO 21-05”). 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 dramatic increased 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 57,235, and there have been at least 565 deaths attributed to this disease in the State.

The dramatic increase in community spread of COVID-19 has resulted in increased hospitalization and strained health care resources, including utilization of all ICU hospital beds on island. Without immediate action, the County of Hawaiʻi is unable to meet urgent health care needs of our island community. As a result, it has become necessary to re-implement more stringent restrictions in order 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 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 face covering, safety restrictions and physical distancing requirements of this rule, the Governor’s Emergency Proclamation Related to the COVID-19 Response, dated August 5, 2021, as may be amended, and EO 21-05 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.
   1. Retail businesses are encouraged to limit the number of customers to a single household member.
2. County Government Operations
   
   
   1. Entry into County Buildings and Department offices that are occupied/staffed by county employees, contractors, and volunteers in furtherance of their work duties (collectively “County Facilities” or individually “County Facility”) shall be limited to those members of the public carrying out “Official County Business”, as described below, subject to social distancing and other requirements set forth in this Rule, except as otherwise stated herein.
   2. “Official County Business” as used in this Rule shall include:
      
      
      1. Individuals required to appear in person at County Facilities to obtain or renew a benefit, license or permit and the county department or agency has not provided emergency alternatives to in-person appearance.
      2. Individuals who must submit or file documents with the County and who are unable to submit electronically if allowed by the county department or agency.
      3. Individuals granted written or electronic permission to enter a County Facility either by request or invitation.
      4. Individuals attending or participating in committee or board meetings subject to the Hawaiʻi Sunshine Law and for which electronic participation or streaming has not been established.
   3. 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 August 5, 2021, as may be amended, and ED 21-05, maintain six (6) feet between themselves and any other person to the extent feasible.
   4. Inasmuch as county offices vary in size and ability to accommodate members 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 Practices
   
   All 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 Response, dated August 5, 2021, as may be amended from time to time and EO 21-05. In addition, all persons shall wear masks outdoors in crowded settings. For purposes of this rule, crowded settings shall include areas where more than 10 persons congregate in an outdoor area and six (6) feet social distancing is difficult to maintain or impracticable to achieve or not being adhered to, e.g. waiting in line to enter a retail or restaurant establishment, waiting in line to use a restroom in an otherwise permitted outdoor gathering.
   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. Physical distancing requirements shall be set by the Governor’s Emergency Proclamation Related to the COVID-19 Response, dated August 5, 2021, as may be amended from time to time and EO 21-05 and as otherwise provided in this rule.
   5. Hand sanitizing products. Businesses and operations shall provide hand sanitizer or equivalent hand sanitizing products for all employees and customers, All customers shall sanitize hands before entry. Hand sanitizing stations shall be available at each entrance.
   6. Disinfection. Businesses and operations, shall regularly disinfect all high-touch surfaces. Businesses and operations shall 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 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.
   8. 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.
4. 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 and outdoor social gatherings of more than ten persons are prohibited. 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;
      • Park operations and functions governed by Exhibit 2.
5. 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 Hawaiʻi Department of Land and Natural Resources, and the following conditions:
   1. Any vessel having received a certificate of inspection may allow 100% of the rated capacity individuals allowed on the boat, including the boat crew.
   2. Sanitation rules detailed in Rules B5 and B6 are followed.
   3. If food is served or there are indoor cabins in which passengers congregate, the rules regarding indoor and restaurant service apply.
6. Travel to the County of Hawaiʻi
   
   Transpacific travel to the County of Hawaiʻi shall be governed by the Governor’s proclamations and rules as may be amended from time to time. Further pursuant to the Governor’s Proclamations, as may be amended from time to time, all persons traveling from outside the State of Hawaiʻi to Hawaiʻi Island are subject to the State of Hawaiʻi’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 in the state, whichever is shorter.
7. 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
8. Pursuant to Hawaiʻi Revised Statutes Section 127A-29, and Hawaiʻi 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.
9. This rule shall take effect immediately and shall continue through October 4, 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 Hawaiʻi to be affixed. Done this 3^rd day of September, 2021 in Hilo, Hawaiʻi.

Mitchell D. Roth
Mayor
County of Hawaiʻi

CONCURRENCE:
Governor David Y. Ige

Signed Mayor’s COVID-19 First Amended Emergency Rule No. 17 with Exhibits 1 through 6