HomeMy WebLinkAboutMayor's COVID-19 First Amended Emergency Rule No. 14Mitchell D. Roth
Mayor
Lee E.. Lord
Managing Director
Robert H. Command
Deputy Managing Director
County of Hawaii
Office of the Mayor
25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 . Fax (808) 961-6553
KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawai'i 96740
(808) 323-4444 • Fax (808) 323-4440
Mayor's COVID-19 First Amended Emergency Rule No. 14
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 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 Hawai'i and for travelers to the counties of Maui, Kaua'i, Hawai'i and
Kalawao from 14 days to 10 days; and 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.
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 27,600, and there have been at least
439 deaths attributed to this disease in the State.
In addition, the amendments to this Rule reflect the progress made in Hawaii
County towards reducing the threat of spread through safe practices. As a result,
some reductions of restrictions is appropriate in limited and controlled
environments.
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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
otherwise provided by this rule, and subject to all restrictions and physical
distancing requirements of this rule, the Eighteenth 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:
1. 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 appliable law or
Rule;
• Unless otherwise permitted, 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;
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• 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;
• Except as provided in Exhibit 2 persons actively engaged in exercise
activity so long as physical distancing requirements are maintained;
• Except as provided in Exhibit 2, 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
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-
coverings.html. Examples of compliant homemade masks and other facial coverings may
be found at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/div-cloth-
face-coverings.html. 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.
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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
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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
Except as otherwise permitted in this Rule and pursuant to Exhibit 6, indoor
social gatherings of groups up to ten (10) persons are permitted and outdoor gatherings
of groups up to 25 person 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.
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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 Eighteenth Emergency Proclamation, all persons traveling to
Hawai'i Island are subject to the State of HawaiTs mandatory 10 day self -quarantine
unless an exemption or modification applies. The period of self -quarantine shall begin
from the date of entry onto Hawaii 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 Hawai'i District Office for further handling.
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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.gov 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 Eighteenth
Emergency Proclamation (pre-test with negative test results on
arrival).
An STVR, 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"
Hawai'i County resident.
2. Interisland Travelers
• Exemption/Modified Quarantine: Inter -island travelers arriving onto
Hawai'i 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:
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https://survey123.arcgis.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 Hawai'i Island
for medical purposes will not be subject to quarantine upon their
return to Hawaii 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:
Pre-test with negative COVID-19 results upon arrival:
Persons five years or older traveling to Hawaii 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
Hawaii 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
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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
Exhibit 6. Commercial/Business Gatherings
F. 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.
G. This rule shall take effect immediately and shall continue through April 12,
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 5th day of March 2021 in Hilo,
Hawaii.
Mitchell D. Roth
Mayor
County of Hawai'i
CONCURRENCE:
Governor David Y. Ige
I HEREBY CERTIFY that above is a
true and correct copy of the original
now file in my office.
County Clerk
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EXHIBIT 1
Restaurants, bars, food courts, and other food establishments
Restaurants, bars, food courts, and other food establishments in the County shall
comply with the following requirements:
A. General
i. Compliance with Physical Distancing Requirements.
ii. Compliance with all regulatory guidelines.
iii. Development, posting, and implementation of written protocols
("COVID-19 Mitigation Plan") consistent with County, State, industry -
specific associations or organizations, and CDC guidance to mitigate
the spread of COVID-19 including, but not limited to the following:
1. https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/business-employers/bars-
restaurants.html
2. https://www.oneoahu.org/business-guidance
B. Operations.
i. Face coverings. Employees and customers must follow the Statewide
face covering mandate contained in the Eighteenth Emergency
Proclamation and any subsequent amendments;
ii. All customers shall sanitize hands upon entry of the establishment.
iii. Group dining is limited to a maximum of ten (10) individuals per
group.
iv. Seating shall be arranged so that six (6) feet of separation is
maintained between groups seated at separate tables unless there is
a solid barrier between seating groups.
V. Condiments shall be by request in single -use disposable packets, or
reusable condiment containers that are sanitized between parties.
vi. Condiments, silverware, flatware, glasses, or other traditional table top
items must not be left on an unoccupied table.
vii. Tables and chairs must be fully sanitized after each group (or
individual customer) leaves the restaurant.
viii. Disposable food ware and utensils should be used when available.
When non -disposable food ware or utensils are used, they must be
sanitized after each use consistent with Hawaii Department of Health
guidance and regulations, and "best practices" of the U.S. Food &
Drug Administration ("FDA"), available at:
https://www.fda.gov/food/food-safety-during-emergencies/best-
practices-re-opening-retail-food-establishments-during-covid-19-
pandemic
ix. Provide disposable menus or menu board, or sanitize reusable
menus after each use.
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X. Hourly touch -point sanitization (workstations, equipment, screens,
doorknobs, restrooms, etc.) required.
xi. Valet services are prohibited, except for vehicles with placards or
plates for disabled parking.
xii. Buffets, salad bars, and other types of self-service of food or
beverages are not allowed.
C. Hygiene.
i. Employer must provide hand washing capability or sanitizer for
employees and customers.
ii. An adequate supply of soap, disinfectant, hand sanitizer, and paper
towels must be available at all times.
iii. Frequent hand washing by employees, especially between
interactions with customers.
iv. To the maximum extent possible employees shall wear food -grade
gloves while handling food. Should employees handle any payment
transaction (cash or credit card) or the property of the customer, they
must sanitize gloves or change gloves before servicing the next
customer.
D. Staffing.
i. Provide training for employees regarding these requirements.
ii. Conduct pre -shift screening, and maintain a staff screening log.
iii. No employee displaying symptoms of COVID-19 shall provide
services to customers. Symptomatic or ill employees shall not report
to work.
iv. No person should work within 72 hours of exhibiting a fever or other
COVID-19 symptoms, and follow the CDC's "What To Do If You Are
Sick" guidance, available at: https://www.cdc.gov/coronavirus/2019-
ncov/if-you-are-sick/steps-when-sick.html
V. Employer must establish a plan for employees getting ill and a return -
to -work plan following CDC guidance, which can be found online at:
https//www cdc gov/coronavirus/2019-ncov/community/guidance-
business-response.html
E. Cleaning and Disinfecting.
i. Cleaning and disinfecting must be conducted in compliance with
CDC guidance.
ii. When an active employee is identified as being COVID-19 positive by
testing, cleaning, and disinfecting must be performed as soon after
the confirmation of a positive test as practical consistent with CDC
guidance.
iii. CDC guidance can be found online at:
https://www.cdc.gov/coronavirus/2019-ncov/community/d isinfecting-
building-facility.html
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F. Encouraged Practices. Restaurants and bars are encouraged to do the
following:
i. Have customers enter and exit through different doorways using one-
way traffic, where possible.
ii. Start or continue entryway, curbside, and home delivery, if
permissible.
iii. Encourage making reservations, preordering for dine -in service, and
ordering for contactless pick-up and delivery by either telephone or
other remote means.
iv. Implement cashless and receiptless transactions.
G. Specific requirements for bars.
i. Limit groups within the bar to a maximum of ten (10) individuals per
group.
ii. Ensure groups within the bar maintain at least six (6) feet of
separation from other groups.
iii. Prohibit groups within the bar from intermingling.
iv. Designate areas to separate groups at least six (6) feet apart from
each other. (e.g., through ropes or other physical separation for
standing areas, or the seating of guests at separate tables, or both).
V. Require all employees and customers to follow the Statewide face
covering mandate contained in the Eighteenth Emergency
Proclamation and any subsequent amendments.
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EXHIBIT 2
COUNTY PARKS AND RECREATIONAL FACILITIES
All County of Hawai'i ("County") parks and recreational facilities: (1) listed
specifically in Hawaii County Code, Chapter 15 Parks & Recreation, Article 3,
Section 15-68.1 "parks and recreational facility schedule," or (2) as defined by
Hawaii County Code, Chapter 15, Article 1, Section 15-3 as a "park area" or
"recreational area" are OPEN from 7:00 a.m. to 7:00 p.m. pursuant to the
following requirements, unless addressed separately hereinafter:
a. Physical distancing requirements contained in Section B.4. of these rules
and Governor David Y. Ige's Eighteenth Emergency Proclamation, as
amended or superseded, shall be followed.
b. Events or activities with the potential to generate gatherings in excess of
the permitted maximum number of persons will not be allowed unless a
comprehensive plan to protect the health, safety and wellbeing of
participants, officials, supporters, spectators and other individuals present
is pre -approved by the Director of Parks and Recreation (hereinafter
"Director"). The plan shall include, but not be limited to, the following:
i) Reasonable means and methods to limit and enforce restrictions on
gathering;
ii) Reasonable means to inform, and methods to ensure and enforce,
physical distancing requirements for all persons present;
iii) Reasonable strategies for disinfection/sanitization of all common and
high -touch surfaces.
C. Concession (food, snack, beverage, merchandise, etc.) operations are not
permitted without prior approval from the State Department of Health and
the Director.
d. All permits and reservations for use associated with all park sites and
recreational facilities may be cancelled at the discretion of the Director.
e. Businesses and operations with the appropriate permit(s) to operate in a
park may continue, subject to specific approval of the Director and
provided they adhere to applicable COVID-19 industry standards, CDC
guidance, and State and County requirements.
2. The following County parks and recreational facilities remain closed to the
public:
a. All community centers and senior centers
b. All gymnasiums
C. Afook-Chinen Civic Auditorium
d. Aunty Sally Kaleohano's Luau Hale
e. Francis F.C. Wong Stadium
f. Hakalau Beach Park
g. Honoka'a Swimming Pool (ongoing construction)
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h. NAS Swimming Pool (Hale Hanakahi emergency shelter facility)
i. Pana'ewa Rainforest Zoo & Gardens (ongoing construction)
j. Shipman Gym
k. Waiakea Recreation Center
The Director may authorize limited term, specific uses of the above -listed
facilities for County -operated, managed, sponsored or approved activities,
programs, services and functions.
3. All County cemeteries, including veterans' cemeteries administered by the
County, remain open for visitation during their respective standard hours of
operation.
4. The Hilo Municipal Golf Course remains open with modified rules for play in
effect. The golf pro shop concession and restaurant concession may continue
with modified operations and hours subject to approval of the Director.
5. Swimming pools remain open with modified days/hours of operations and
modified rules in effect as established by the Director.
6. Camping is permitted in accordance with the following conditions and with
modified rules as established by the Director:
a. The following campsite remains open:
i) Gilbert Kahele Recreation Area
b. All other campsites remain closed until further notice unless use is
specifically approved by the Director.
c. All campers shall be responsible to disinfect/sanitize all common contact
surfaces (such as grills, picnic tables, water faucets, restroom fixtures,
showers, etc.) prior to and immediately following each person's use.
d. All campers shall provide their own disinfecting/sanitizing supplies and
accessories necessary to comply with the preceding requirement and as
required to maintain their individual health and safety.
e. All tents/canopies belonging to campers from the same group shall be
separated by a minimum of ten (10) feet. All tents/canopies belonging to
separate groups of campers shall be separated by not less than twenty
(20) feet.
7. Organized sports where contact between players is a condition of the game,
contact is likely to occur repeatedly in the course of the activity, or the confines of
the court/field/venue are such that athletes, coaches, managers, staff,
scorekeepers/statisticians, and officials/referees/umpires (hereinafter collectively
"Participants") and parents/guardians, family members, friends, supporters and
spectators (hereinafter collectively "Non -Participants") are closely confined, such
as football (tackle, flag, or touch), rugby, basketball, field hockey, water polo,
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mixed martial arts, boxing, wrestling and similar sports (hereinafter "Contact
Sports Programs") are permitted to continue operations as follows:
a. Contact Sports Programs may continue operations limited to sports
conditioning, individual skill development and controlled group situational
drills (hereinafter collectively "Practice(s)") for participants and coaches
under the following conditions and requirements:
i) Physical distancing of not less than six (6) feet between individuals
shall always be maintained to the fullest extent possible.
ii) Groups are limited to a maximum of twenty-five (25) individuals
(includes athletes, coaches, managers, staff, etc. required to
successfully implement a practice session) from a single Contact
Sports Program.
iii) Where multiple Contact Sports Programs are present at the same
facility, not less than twenty (20) feet of separation shall always be
maintained between separate Contact Sports Programs. Mingling of
individuals between Contact Sports Programs shall not be permitted.
8. Organized sports where contact between players is NOT a condition of the
game, contact is NOT likely to occur repeatedly in the course of the activity, or
the confines of the court/field/venue are such that athletes, coaches, managers,
staff, scorekeepers/statisticians, and officials/referees/umpires (hereinafter
collectively "Participants") and parents/guardians, family members, friends,
supporters and spectators (hereinafter collectively "Non -Participants") are NOT
closely confined, such baseball, softball, soccer, futsal, golf, disc golf, volleyball,
canoeing, kayaking, standup paddle boarding, cycling, car/motorcycle racing,
bike/motocross racing and similar sports (hereinafter "Non -Contact Sports
Programs") are permitted to continue operations as follows:
a. Select Non -Contact Sports Programs may continue full regimen practices
and scrimmages (hereinafter collectively "Training") and competitive play
under the following conditions and requirements:
i) Competitive play shall be limited to one Non -Contact Sports Program
competing against another Non -Contact Sports Program (e.g., one
baseball team playing against another) and shall not exceed a
maximum of 50 Participants and Non -Participants combined between
competing Non -Contact Sports Programs.
ii) Groups are limited to two (2) Non -Contact Sports Programs on a
common outdoor sports field, court, etc. at the same time.
(1) Where competitive play or Training is scheduled in proximity to
other competitive play or Training, not less than twenty (20) feet of
physical separation shall always be maintained.
(2) No mingling shall be allowed between members of separate Non -
Contact Sports Programs.
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9. All Contact Sports Program operators and Non -Contact Sports Program
operators shall ensure that:
a. Physical distancing protocols and procedures exist, are communicated to
and understood by all Participants and Non -Participants.
b. Close contact engagements beyond those necessary to carry out
Practices, Training and competitive play (e.g., huddles, high -fives, fist -
bumps, post -game handshakes, team cheers, etc.) shall not be permitted.
c. Specific considerations are implemented and enforced pertinent to the
configuration and controlling physical features of the sports venue relative
to the athletic activity engaged in including, but not limited to, maintaining
unhindered access to entrances/exits, controlling queues, identifying and
accounting for bottlenecks, respecting maximum occupancy of venues
and portions thereof, etc.
i) All Participants are screened for illness and symptoms of COVID-19
prior to entering the facility each time Practices, Training and
competitive play will occur.
ii) Participants and Non -Participants shall comply with the statewide face
covering mandate contained in the Eighteenth Emergency
Proclamation and any subsequent amendments.
iii) There is no socializing in groups before or after designated times for
Practices, Training, and competitive play.
iv) Individuals from outside the Sports Program are limited in their
interactions with Participants during drop off/ pick up.
v) Any Participant who has tested positive for COVID-19 may not attend
Practices, Training or competitive play until they are cleared for release
from isolation according to CDC guidelines and cleared to return by a
healthcare provider.
vi) Any Participant exposed to a person with a confirmed or probable case
of COVID-19 may not attend Practices, Training, competitive play, or
any other activity of the Sports Program until they have completed
quarantine following CDC guidelines.
vii) All program activities are evaluated to identify and mitigate "high-risk"
activities (shared equipment, incidental close contact, etc.) to reduce or
prevent COVID-19 transmission.
d. Individuals shall comply with any lawful requirements imposed by the
Contact and Non -Contact Sports Program operator.
e. Nothing in this section requires a public or private Contact or Non -Contact
Sports Program to open or resume operations.
10. Persons may not engage in any contact sports (as defined in Item 8) activities in
an impromptu or "pickup" manner of play at any time.
11. Persons may engage in appropriate non -contact sports (as defined in Item 9)
activities in an impromptu or "pickup" manner of play provided they adhere to a
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maximum of 25 participants at any time and fields or facilities are available or
open by the department. Additionally:
a. Skateparks: Only persons actively skateboarding can enter and remain in
any skatepark. The maximum number of persons allowed to
simultaneously use any skatepark is ten (10). Only skateparks that are
outdoors may be utilized when opened by the department.
b. Tennis and Pickleball: Only persons actively playing tennis or pickleball
can enter and remain in any court area. The maximum number of persons
allowed to simultaneously use a court is 4 persons. Only courts that are
outdoors may be utilized when opened by the department.
12. All County beach parks and shoreline parks are opened. All persons must abide
by the face covering, physical distancing, and gathering requirements contained
in Sections B and C of these rules, as amended or superseded.
13. All other State or County restrictions related to COVID-19 must be followed,
including, but not limited to, applicable quarantine restrictions.
The foregoing is subject to specific park closures as designated by the County
Department of Parks and Recreation and supersedes any conflicting County
emergency rule provision.
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EXHIBIT 3
Barber Shops and Beauty Operators
Barber shops and beauty operators (hereinafter collectively "Salons") shall
follow all safe practices described in this rule and Exhibit G of the Governor's
Eighteenth Emergency Proclamation.
2. Salons shall prohibit any person from entering their place of business when
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.
3. Sanitizing: Provide hand sanitizing stations for employees and customers.
Hand sanitizing stations shall be available at each entrance.
4. All persons shall maintain a minimum of six -feet of physical separation from all
other persons to the fullest extent possible. 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.
5. Signage: The business shall post signage at the entrance informing all
customers of the requirement to wear CDC recommended face coverings
while in the salon, not to enter the facility if they have a cough, fever, or do
not feel well; to maintain a six-foot distance from others, and not to shake
hands or engage in unnecessary physical contact.
6. All operators shall wash hands thoroughly with soap and hot water and dry
hands thoroughly with sanitary towels or hand dryers prior to client contact
and in-between each client.
7. All implements and coverings that come into contact with a client must be
changed and laundered or sterilized prior to being used on any other client.
8. Chairs shall be cleaned and disinfected after occupancy by each client. A
clean towel or paper cover must be placed on the head rest of any chair, and
changed for each client.
9. All clean towels must be kept in a closed cabinet at all times when not being
used.
10. A clean strip of cotton, a towel or paper band shall be placed around the neck
of each client, so that at no time will hair, cloth, or cape come in contact with
the neck or skin of the customer.
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11. All fixtures, furnishings, equipment, work stations and restrooms are to be
cleaned regularly and disinfected with EPA registered products.
12. Employees must wash hands after using phones, computers, handling cash,
or credit cards, and wipe all services between each use.
13. No food or beverages, except water, shall be sold, kept for sale, or stored in
any salon.
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EXHIBIT 4
Places of Worship
Places of Worship, including in-person spiritual services may be conducted subject
to the following:
A. All persons present at the service must maintain six -feet of physical distance
between others, except members of the same household or living unit. The
gathering limits contained in Section C. of this rule are not applicable to places of
worship, however organizers shall limit the number of persons attending in-
person spiritual services to ensure physical distancing requirements are met.
B. Organizers and employees are strongly encouraged to develop and implement
appropriate COVID-19 mitigation plans and procedures for their respective in-
person services, which must include, but are not limited to, addressing the
following issues:
i. Adherence to the Statewide face covering mandate contained in the
Eighteenth Emergency Proclamation and any subsequent amendments.
ii. Safeguards for higher risk populations consistent with CDC guidance,
available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-
precautions/index.html.
iii. Persons who are sick.
iv. Personal hygiene.
V. Usage of hand sanitizer and sanitizing products.
vi. Cleaning and disinfection.
vii. Online and remote access and/or drive-in services.
viii. Signage.
ix. Limiting community sharing of worship materials and other frequently
touched items.
X. Projection of hymns and verses, when possible.
C. Organizers and employees of in-person spiritual services must follow, to the
greatest extent possible, current COVID-19 related County guidelines, State of
Hawaii guidelines, and CDC guidelines (available at:
https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/index.htmi)
D. Encouraged Practices. Places of Worship are encouraged to do the following:
Modify the methods used to receive financial contributions. Consider a
stationary collection box, the main, or electronic methods of collection
regular financial contributions instead of shared collection trays or baskets.
If food is offered at any event, consider pre-packaged options, and avoid
buffet or family -style meals, if possible.
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iii. No childcare during services and/or events, however if childcare must be
provided during services and/or events, refer to CDC's information on
preventing the spread of COVID-19 in a childcare setting and adapt your
settings.
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EXHIBIT 5
Businesses, Operations and Activities to Remain Closed
Businesses, operations and activities identified below shall remain closed, unless
permission has been granted pursuant to Exhibit 6-
1. Nightclubs
2. Large indoor venues (unless approved under Exhibit 6)
3. Large outdoor venues (unless approved under Exhibit 6)
4. Road races (marathons, triathlons, etc.)
Note, however, travel to engage in minimum basic operations of the businesses
and operations identified above is allowed, including the minimum necessary activities
to maintain the value of the business's inventory, ensure security, process payroll and
employee benefits, and related functions as well as the minimum necessary activities to
facilitate employees of the business being able to continue to work remotely from their
residences. Minimum basic operations do not include in-person public/customer
contact.
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Exhibit 6
Commercial/Business Gatherings. Under the supervision of professional
planners or venues, or a responsible business or person, business, events or
gatherings otherwise prohibited by Section C or Exhibit 5 (collectively "events"), events
may seek approval for events otherwise prohibited by Rule C and Exhibit 5 upon
approval of the Mayor. The intention of this request procedure is to allow limited
supervised types of events which can be held safely. A request shall be submitted to
https://coronavirus-response-county-of-hawaii-hawaiicountygis.hub.arcgis.com/ at least
thirty (30) days before the proposed event and must at a minimum include the following:
a. The applicant's name and tax identification number under which the event
shall be held.
b. Evidence of event insurance.
c. Identification of the responsible person(s) for adherence to these Rules
and this request.
d. Description of the event and floor plan for the event which illustrates
adherence to safe distancing and practices as required by any federal or
state law, Gubernatorial Proclamation or Mayoral Proclamation as may be
amended from time to time.
e. A COVID-19 Event Plan which;
i) restricts table seating to no more than 8 persons per table, subject to
safe distancing guidelines, and to the extent possible, groups people
by members of the same household or business;
ii) describes how compliance with these Rules shall be supervised and
enforced; and
iii) Adheres to Exhibit 1 of these Rules relating to restaurants, bars, food
courts, and other food establishments.
f. The Mayor retains discretion to grant, deny, or require additional
information and/or safety measures as a condition of granting a request.
Failure to comply with the terms of permission granted shall nullify the permission. In
addition to sanctions provided by mayoral proclamation, the event will be immediately
cancelled, the applicant shall not be granted further request(s), and/or the applicant's
business may be closed or fined.
County of Hawaii i; an Fqual Opportunity Provider and Fmplover.