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Home Local News Mitch Roth issues his first Emergency Rule as Mayor. Tagged as COVID-19 Emergency Rule No. 14

Mitch Roth issues his first Emergency Rule as Mayor. Tagged as COVID-19 Emergency Rule No. 14

by Thunda

Pursuant to the authority vested in me by Hawaii 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 Hawaii effective October 15, 2020; 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 Hawaii; and the Seventeenth Proclamation
reduced the mandatory self-quarantine for persons entering the State of Hawai’i and for travelers to the counties of Maui, Kaua’i, Hawai’i and Kalawao from 14 days to 10 days.

   This Emergency Rule is based upon evidence that COVID-19 continues to
endure within this state and county via transpacific and inter-island travel related cases as well as through 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 19,000, and there have been at least 275 deaths attributed to this disease in the State.

   I, Mitchell D. Roth, Mayor of the County of Hawaii, 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 County of Hawaii is an Equal Opportunity Provider and Employer.
otherwise provided by this rule, and subject to all restrictions and physical
distancing requirements of this rule, the Seventeenth Emergency Proclamation and any subsequent proclamations or orders, the State Department of Health Reopening Hawaii Safe Practices, and any CDC and industry guidelines.
   
B. Safe Practices

   All persons shall implement the following physical distancing and sanitation requirements to the fullest extent possible:
   
   Face Coverings Required. All persons within Hawaii County shall
   wear face coverings, over their nose and mouth, while in public
   settings.

   The only exceptions to this requirement are:

   • Persons five (5) years of age or younger;
   • Persons with medical conditions or disabilities where the wearing of a
     face covering may pose a health or safety risk to the individual;
   • Persons actively communicating with a person who is hearing
     impaired, where the ability to see the mouth is essential for
     communication;
   • While eating, drinking, smoking, as permitted by applicable law;
   • Inside private automobiles, provided the only occupants are
     members of the same household/living unit/residence;
   • Persons obtaining a service involving the nose or face for which
     temporary removal of the face covering is necessary to perform the
     service;
   • Persons for whom wearing a face covering would create a risk to the
     person related to their work, as determined by local, state, or federal
      regulators or workplace safety guidelines;
   • First responders (police, fire fighters, lifeguards, etc.) to the extent
     that wearing face coverings may impair or impede the safety of the
     first responder in the performance of his/her duty;
   • While working at a desk or work station and not actively engaged
     with other employees, customers, or visitors, provided that the
     individual’s desk or workstation is not located in a common or
     shared area and physical distancing of at least six (6) feet is
     maintained;
   • Where federal or state safety or health regulations, or a financial
     institution’s policy (based on security concerns), prohibit the
     wearing of facial coverings;
   • Persons actively engaged in exercise activity so long as physical
     distancing requirements are maintained;
   • While outdoors when physical distance of six (6) feet from other
     individuals (who are not members of the same household/living
     unit/residence) can be maintained at all times;
 
   An owner or operator of any business or operation shall refuse admission or service to any individual who fails to wear a face covering, unless an exception applies under this section. Businesses or operations may adopt stricter protocols or requirements related to face coverings and face shields. Businesses or operations not enforcing this rule may be subject to enforcement, including fines and mandatory closure.

   Definition: “Face covering” as used herein means a tightly woven fabric (without holes, vents, or valves) that is secured to the head with either ties or straps, or simply wrapped and tied around the wearer’s nose and mouth. Face coverings must comply with the recommendations of the CDC, as such recommendations may change from time to time. The current CDC guidelines are available at here.
Examples of compliant homemade masks and other facial coverings may be found at here
A medical grade face-covering is not required.

   Face shields (plexiglass/clear plastic shields, etc.) are not permitted as
substitutes for face coverings’ unless an exception to the face covering requirement
applies. Individuals who are unable to wear a face covering due to medical conditions
or disabilities where the wearing of a face covering may pose a health or safety risk to
the person, or other exception, are encouraged to wear a face shield instead.

   The wearing of face coverings is intended to complement, not serve as a
substitute, for physical distancing and cleanliness.

   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 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. All persons shall maintain a
      minimum of six (6) feet of physical separation from all other persons to
      the fullest extent possible. Businesses or operations shall designate
      lanes for patrons’ entry and checkout with appropriate signage, tape,
      or other means to establish the minimum six (6) foot spacing for
      customers waiting in line. Checkout operations shall be modified to
      provide the minimum physical distancing or to provide a shield or
      barrier separating the interactions between customers and checkout
      clerks.
  Businesses and operations shall monitor and enforce, on their
      premises, the physical distancing requirements set forth in these rules.

   5. Limited customer occupancy. Each business and operation shall
      determine the maximum number of customers that its respective
      facility may reasonably accommodate while maintaining the specified
      physical distancing requirements. The business or operation shall post
      and maintain this maximum number at its primary entrance. The
      business or operation shall limit and enforce the number of customers
      in its facility or at its operation to not exceed that maximum number at
      all times.
      It is strongly recommended that a maximum of one (1) customer per
      one hundred fifteen (115) square feet of retail floor area be allowed
      into a facility or operation to maintain the minimum physical distancing
      requirement.

   6. Hand sanitizing products. Businesses and operations shall provide
      hand sanitizer or equivalent hand sanitizing products for all employees
      and customers. All customers/patrons shall sanitize hands before
      entry. Hand sanitizing stations shall be available at each entrance.
      Employees handling items from customers, such as cash or credit
      cards, shall frequently utilize hand sanitizers.
 
   7. 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.

   8. Safeguards for high risk populations. Businesses and operations are
      urged to implement processes to safeguard the elderly and any 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.
   
   9. Online and remote access. Businesses and 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 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
   Indoor or outdoor social gatherings of groups up to ten (10) persons are
permitted. Face coverings are required and physical distancing of at least six (6) feet between separate groups must be maintained. 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. Travel to the County of Hawai’i
   Pursuant to the Seventeenth Emergency Proclamation, all persons traveling to Hawaii Island are subject to the State of Hawaii’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 Hawai’i Island and shall last 10 days or the duration of the person’s presence on the island, whichever is shorter.
   
   1. Transpacific Travelers
      Pre-test with negative results: Persons availing themselves to the
      State’s negative test exception to the mandatory self -quarantine
      requirement must, prior to departure to Hawai’i Island, upload into
      the State’s Safe Travels Program their negative COVID-19 test
      result from a Trusted Testing Partner test administered to the
      traveler within 72 hours from the final leg of departure or provide a
      written hard copy confirmation upon arrival in the State.
 
      Persons who arrive without uploading their test results into the
      State’s Safe Travels Program or without written hard copy
      confirmation of a negative COVID-19 test result will be subject to
      the 10 day self-quarantine.
 
      From 25% to 100% of persons availing themselves to the State’s
      negative test exception must take a second COVID-19 test (“arrival
      test”) upon arrival to Hawai’i island to be administered at a County –
      designated facility near the airport. The County shall determine the
      method, manner, and actual number of persons randomly selected
      for the arrival test and the cost of the arrival test will be borne by
      the County.

      While awaiting the results of the “arrival test”, the traveler is not
      required to quarantine. Travelers whose arrival test are positive or
      inconclusive for COVID-19 will be referred to the State Department
      of Health Hawaii District Office for further handling.

      • Exemption/Modified Quarantine: Persons entering the State to
        perform critical infrastructure functions or who have otherwise been
        exempted by the Director of Emergency Management or his
        designee, shall be subject to self -quarantine but may obtain limited
        exemption from the State at travelexemption.hawaii.gov. Only
        persons who have been granted an exemption through
        travelexemption.hawaii.qov may temporarily break self -quarantine
        and only for the purposes expressed in the written exemption,
        including any required testing protocols.

      • No pre-test prior to arrival: Persons not availing themselves to the
        State’s negative test exception, and not granted an exemption
        through travelexemption.hawaii.gov are subject to the State’s
        mandatory 10 day self -quarantine. There is no option for testing out
        of the mandatory self -quarantine with a subsequent negative test
        result.

      • Place of Quarantine: Persons requiring paid -or commercial lodging
        while subject to the mandatory 10 day self -quarantine, or a portion
        thereof, shall designate a hotel or motel as their quarantine
        location. Short-term vacation rentals (STVR), bed and breakfast
        (B&B) establishments, or other paid or commercial lodging defined
        by the Hawaii Revised Statutes as “transient accommodations”
        shall not be designated as a quarantine location except for:

      1) Visiting essential and critical infrastructure workers, provided
         quarantine restrictions are followed; and

      2) Persons meeting the negative test exception under Section
         IV.B.2 and Exhibit B Section 4(a)(2) of the Seventeenth
         Emergency Proclamation (pre-test with negative test results on
         arrival).

      An SNR, B&B or other paid or commercial lodging defined by the
      Hawai’i Revised Statutes as “transient accommodations” may not
      be designated as a quarantine location for a new or “intended”
      Hawaii County resident.
  
   2. Interisland Travelers
   
      • Exemption/Modified Quarantine: Inter -island travelers arriving onto
        Hawaii Island seeking a modified self -quarantine or exemption
        from the self -quarantine requirements must receive approval for
        such modification or exemption from the County of Hawai’i.
        Requests shall be submitted via the following online format:
        https://survey123.arc_qis.com/share/e2f4cel 9aa854964a8fd60bec7f
        be78c
. Only persons who have been granted an exemption may
        temporarily break self -quarantine and only for the purposes
        expressed in the written exemption, including any required testing
        protocols.

      • Medical Exemptions: Persons who travel outside of Hawaii Island
        for medical purposes will not be subject to quarantine upon their
        return to Hawai’i Island as long as they submit a request to the
        County via the above online format and provide their flight itinerary,
        licensed physician letter or certification with the date(s) of
        appointments that are medically necessary. If the medical traveler
        requires a travel companion, this person must be named in the
        doctor’s letter or certification. This exemption does not apply if the
        travel involves any non-medical related purposes.

      • Place of Quarantine: Persons requiring paid or commercial lodging
        while subject to the mandatory 10 day self -quarantine shall
        designate a hotel or motel as their quarantine location. Short-term
        vacation rentals (STVR), bed and breakfast (B&B) establishments,
        or other paid or commercial lodging defined by the Hawai’i Revised
        Statutes as “transient accommodations” shall not be designated as
        a quarantine location except for visiting essential and critical
        infrastructure workers, provided quarantine restrictions are
        followed.

      • Negative test exceptions:
        1. Pre-test with negative COVID-19 results upon arrival:
           Persons five years or older traveling to Hawai’i County who
           provide written confirmation of a negative test result from a
           State approved COVID-19 test administered to the traveler
           within 72 hours from the last leg of departure prior to arrival into
           Hawai’i County are exempt from quarantine. Children under the
           age of five traveling with parents or guardians who have
           negative test results are exempt from quarantine.

           “State approved COVID-19 test” means a test to determine the
           presence of active COVID-19 infection that has been approved
           for use under the Department of Health. Only tests
           administered by State “Trusted Testing Partners” shall qualify.

        2. Pre-test with no results upon arrival: Persons who avail
           themselves to a pre-test but do not have their results upon
           arrival are subject to quarantine but may submit their negative
           test result to the State by uploading such verification to
           www.travel.hawaii.gov.

        3. Post-Arrival test: Persons subject to the 10 day self -quarantine
           may arrange for and receive an approved COVID-19 test while
           in mandatory self-quarantine. Those persons who provide
           written confirmation of a negative test result from an approved
           COVID-19 test will be removed from quarantine. Negative test
           results must be submitted to the State by uploading such
           verification to www.travel.hawaii.gov.

           Interisland travelers shall bear all costs related to their
           interisland pre -travel and post arrival testing.

E. 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

F. Pursuant to Hawaii 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.

G. This rule shall take effect immediately and shall continue through February
14, 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 Hawaii to be affixed. Done this —Z day of December 2020 in Hilo,
Hawaii.

Mitchell D. Roth
Mayor


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