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HomeMy WebLinkAbout2025-10-23 Emergency Proclamation and Emergency Rule No. 1 Relating to the Red Flag WarningC. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Hawairi -Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • Phone (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 Phone (808) 3234444 • Fax (808) 3234440 TRANSMITTAL LETTER DATE: October 23, 2025 TO: Jon Henricks, County Clerk Office of the County Clerk N V� O c-� v w FROM: Emarie Carvalho, Executive Secretary to William V. Brilhante Jr., Managing Director RE: Emergency Proclamation and Emergency Rule No. I Relating to the Red FTag Warning Issued on October 23, 2025 COPIE.S..ITF.b1S I DATE I DESCRIPTION 1 original 10/23/25 Emergency Proclamation and Emergency Rule No. 1 Relating to the Red Flag Warning Issued on October 23, 2025 TRANSMITTED FOR: ® Your information and files ❑ Your approval ❑ Your signature and return ❑ Your review and response ❑ Your signature and forwarding ❑ See remarks below as noted below ❑ Filing and return (envelope enclosed) ❑ Per your request REMARKS: Enclosed is the original Proclamation for your filing as the Custodian of Records. Please contact me if you have any questions. Thank you. Enclosure Received by: Si na (Print Name) (Date) County of Hawaii is an Equal Opportunity Provider and Employer. C. Bimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Hawai'i- Office of the-%Iayor 25 Aupuni Street, Suite 2603 • Hilo, Hawai'i 96720 • Phone (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole'Hwy., Bldg C • Kailua-Kona, Hawai'i 96740 Phone (808) 323-4444 • Fax (808) 323-4440 EMERGENCY PROCLAMATION AND EMERGENCY RULE NO. I RELATING TO THE RED FLAG WARNING ISSUED ON OCTOBER 23, 2025 By the authority vested in me as the Mayor of the County of Hawaii (County) by the Constitution and laws of the State of Hawaii, and by the Charter and ordinances of the County of Hawaii, to prepare for and respond to emergencies and disasters, I, C. KIMO ALAMEDA, Mayor of the County of Hawaii, hereby determine, designate, and proclaim as follows: WHEREAS, Hawaii Revised Statutes (HRS) Chapter 127A, provides for the establishment of County organizations for emergency management with the Mayor having direct responsibility and authority over emergency management within the County of Hawaii; and WHEREAS, HRS Chapter 127A, and Hawaii County Code (HCC) Chapter 7, establish a Civil Defense Agency within the County of Hawaii and prescribes its powers, duties, and responsibilities; and WHEREAS, HRS § 127A-14(b) empowers the Mayor to declare the existence of a local state of emergency in the County by proclamation if the Mayor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the County, as those terms are defined in HRS § 127A-2; and WHEREAS, the Charter of the County of Hawaii (CCH) § 13-23 and HCC § 7-1-6(a) also empower the Mayor to declare a state of disaster or emergency by proclamation; and WHEREAS, at 8:42 AM HST on October 23, 2025, the National Weather Service (NWS) issued a Red Flag Warning which is in effect from 12:00 PM HST on October 23, 2025, to 6:00 PM HST on Saturday, October 25, 2025, and covers the South, Southeast, North-Kohala, and Interior portions of Hawaii Island; and WHEREAS, a Red Flag Warning means that critical fire weather conditions are either occurring now or will shortly, including a minimum relative humidity of less than 45%, wind speed of 20mph or greater, and a Keetch-Byram Drought Index of 600 or greater; and WHEREAS, the NWS forecasts winds to be as follows: October 23, 2025, East winds 15- 25mph with gusts up to 35mph; October 24, 2025, East winds 20-25mph with gusts up to 50mph; and October 25, 2025, East winds 15-25mph with gusts up to 35mph; and County of Hawaii is an Equal opportunity Provider and Employer. t WHEREAS, the NWS forecasts that the relative humidity for this period may be as low as 40 percent; and WHEREAS, the NWS U.S. Drought Monitor indicates that on October 23, 2025, parts of Hawaii Island ranged from either abnormally dry to extreme drought; and WHEREAS, the combination of strong winds, low relative humidity, and warm/dry conditions can contribute to extreme fire behavior and the potential for widespread ignition and rapid spread of any new or existing fires; and WHEREAS, these conditions pose an imminent and substantial threat to the health, safety, and welfare of the people, property, and environment, of the County of Hawaii, and will require an immediate response that may require assistance from other counties, the state, the federal government, or private agencies; and WHEREAS, HRS § 127A-25 provides that the Mayor may adopt rules for the County for the purposes of carrying out any provision of HRS Chapter 127, which may have the force and effect of law if so stated in the rules, and is not subject to HRS Chapter 91; and WHEREAS, the NWS has stated that under these conditions, fires that develop will likely spread rapidly, and that outdoor burning is not recommended; and WHEREAS, a 2023 Congressional Research Service report on Wildfire Statistics found that an average of 89% of the reported wildfires from 2018 to 2022 were human -caused; and WHEREAS, the actions authorized and taken pursuant to this emergency proclamation, including the prohibitions contained in Emergency Rule No. 1, are reasonably necessary to address this emergency or disaster; and NOW, THEREFORE, I, C. KIMO ALAMEDA, Mayor of the County of Hawaii, do hereby proclaim and declare, effective October 23, 2025, that a local state of emergency exists under HRS § 127A-14(b), CCH § 13-23, and HCC § 7-1-6(a), because there is an imminent danger or threat of an emergency or a disaster within the South, Southeast, North-Kohala, and Interior portions of Hawaii Island, as more specifically shown in the NWS Hazards & Warnings map attached as Exhibit A, within the County of Hawaii as contemplated by HRS § 127A-14(b); and I FURTHER DECLARE that it is necessary to invoke the following: Invocation of Laws. Pursuant to HRS § 127A-12(c)(17), the Mayor may take any and all steps necessary or appropriate to carry out the purposes of HRS Chapter 127A, including the additional powers in HRS § 127A-13(b) which may only be exercised during an emergency period. I hereby authorize and invoke the following powers related to emergency management, if not already in effect: 2 HRS §§ 127A-12(a)(5), 127A-13(b)(3)-(4), and HCC § 7-1-6(d), and direct the Administrator of the County of Hawai'i Civil Defense Agency, or his or her delegate, to take appropriate actions to direct or control the following, as may be necessary for emergency management: A. Alerts, warnings, notifications, activations; B. Warnings and signals for alerts, and any type of warning device, system, or method to be used in connection therewith; C. Partial or full mobilization of personnel, in advance of, or in response to, an actual emergency or disaster; D. The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, before, and after alerts, emergencies, or disasters; E. Shut off water mains, gas mains, or electric power connections, or suspend other services; F. The mandatory evacuation of the civilian population; and Pursuant to HRS § 127A-12(c)(11), each public utility, or any person owning, controlling, or operating a critical infrastructure facility, is hereby required to protect and safeguard the public utility's or the person's property, or to provide for such protection and safeguarding; and provide for the protection and safeguarding of all critical infrastructure and key resources; provided that the protection and safeguarding may include the regulation or prohibition of public entry thereon, or the permission of the entry upon terms and conditions as I may prescribe. Pursuant to HRS § 127A-12(c)(14), CCH § 13-21, and HCC § 7-1- 5(a), all County agencies and officers shall cooperate with and extend their services, materials, and facilities as I may request. That the Director of Finance administer the disaster and emergency fund in accordance with CCH § 10-17. I FURTHER DECLARE, pursuant to HRS §§ 127A-25 and 127A-29(a), and for the purposes of carrying out the provisions of HRS Chapter 127A, including HRS §§ 127A- 12(a)(5)(D) and 127A-12(c)(17), the following emergency rule is adopted and shall.have the force and effect of law: EMERGENCY RULE NO.1 Effective 12:00 PM HST October 23, 2025, the following conduct shall be prohibited within the South, Southeast, North-Kohala, and Interior portions of Hawaii Island, as more specifically shown in the NWS Hazards & Warnings map attached as Exhibit A: All outdoor burning. 2. All outdoor open flames. 3. All "hot work," which includes but is not limited to grinding, welding, flame cutting, or other fire or spark -producing operations. Violations of this rule shall be punishable as a violation pursuant to HRS § 127A-29(a). I FURTHER DECLARE, that this Emergency Proclamation Relating to the Red Flag Warning Issued on October 23, 2025, shall terminate automatically sixty (60) days after its issuance, unless extended or terminated by a separate or supplementary proclamation. APPROVED AS TO FORM AND ZALI G Renee N.C. Schoen Corporation Counsel i 10 Done at the County of Hawaii, this 23 day ctober 2025 C. ameda, Ph.D. Mayor County of Hawaii Exhibit A