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.
In accordance with Governor David Y. lge's Tenth Proclamation Related to the COVID-19 Emergency (“10th
Proclamation”), the County and State of Hawaiʻi is within the “Act with Care” phase of the "State Roadmap to
Recovery and Resilience." To date, there have been more than 1300 documented cases of COVID-19 in the State of
Hawaiʻi, with daily numbers of cases and 23 deaths attributed to this disease. COVID-19 continues to endanger
the health, safety, and welfare of the people of this State and County and a response requires the continued effort
and sacrifice of the community to avert strains on our healthcare system and other disastrous impacts.
- Work in Businesses or Operations
All 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 10th Proclamation and any subsequent proclamations or orders, the State Department of
Health Reopening Hawaiʻi Safe Practices, and any CDC and industry guidelines.
- Safe Practices
All persons shall implement the following physical distancing and sanitation requirements to the fullest extent
possible:
- Face Coverings Required. All persons within the County shall wear non-medical grade face coverings, over
their nose and mouth, while in public settings.
Face coverings are not required in the following circumstances, unless specifically indicated otherwise in this rule:
- Persons five (5) years of age or younger;
- Persons with health or medical conditions that prevents them from wearing a face covering;
- Persons actively communicating with a person who is hearing impaired, where the ability to see the mouth is
essential for communication;
- 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;
- Persons actively engaged in work-related activities and able to maintain a physical distance of at least 6 feet
from others;
- Persons actively engaged in exercise activity so long as physical distancing requirements are maintained;
- Persons who are engaged in outdoor activities when alone, with members of their household, or when able to maintain
a distance of at least 6 feet from others.
A business or organization may refuse to allow entry or service to a worker, customer, or patron that refuses to wear
a face covering.
- 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.
- 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.
- 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 lanes for
patrons’ entry and checkout with appropriate signage, tape, or other means to establish the minimum six-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 this rule.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Gatherings
Indoor gatherings are permitted with a maximum of 50 people provided that physical distancing and safe practices can
be maintained, unless otherwise provided in this rule.
Outdoor gatherings are permitted with a maximum of 100 people provided that physical distancing and safe practices
can be maintained, unless otherwise provided in this rule.
- 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
- 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.
- This rule shall take effect and shall continue through August 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 20th day of July 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. 10 and all Exhibits
