COMPLETE, UNEDITED Mayor Kim’s COVID- 19 Emergency Rule No. 9 (Press release and complete Rule 9)

Mayor Kim Issues Emergency Rule No. 9, Reopens Swimming Pools, Bars

 Hawai‘i County Mayor Harry Kim issued an Emergency Rule Thursday that reopens public swimming pools and bars, and allows outdoor organized sports in phases. Nightclubs, large indoor and outdoor venues such as concerts and conventions, and road races such as marathons will remain closed.

Under the Rule, bars may reopen, with safety requirements identical to restaurants, with some added safety measures:

1. Limit groups within the bar to a maximum of ten (10) individuals per group.
2. Ensure groups within the bar maintain at least six (6) feet of separation from other groups.

iii.     Prohibit groups within the bar from intermingling.

1. 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).
2. Require all employees that interact with the public wear face coverings.
3. Ensure all customers wear face coverings when entering and leaving the bar, but allow customers to remove the face covering while in the bar.

Exhibit 2 of the Rule deals with County Parks and Recreational Facilities.

New provisions include the opening of more County park and recreational facilities and activities, including swimming pools (beginning July 13), camping (beginning July 13 and August 1), and outdoor organized team sports in phases (beginning June 26 and July 20, respectively).

Swimming pools may reopen on or after Monday, July 13, 2020, with modified days/hours of operations and modified rules in effect as established by the Director of Parks and Recreation.
Camping is permitted subject to modified rules and these conditions:

1. • The following campsites will be open for use beginning Monday,

July 13, 2020:

1. Gilbert Kahele Recreation Area
2. Spencer Park at ‘Ōhai‘ula Beach

• Kohanaiki Beach Park

1. • The following campsites will be open for use beginning Saturday,

August 1, 2020:

1. Laupāhoehoe Pt. Beach Park
2. Kapa‘a Beach Park

• Māhukona Beach Park

1. Ho‘okena Beach Park
2. Punalu‘u Beach Park
3. Whittington Beach Park

1. • All other campsites remain closed until further notice unless use is specifically approved by the Director.
   • 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.
   • 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.
   • 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.

Outdoor organized team sports, such as baseball, softball, soccer, futsal, football (tackle, flag, or touch), rugby, volleyball, basketball and similar sports that are customarily and traditionally played at outdoor venues (hereinafter “Sports Program(s)”) are permitted to resume operations as follows:

1. • Phase 1: Effective immediately, Sports Programs may resume 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:

1. Physical distancing of not less than six (6) feet between individuals shall always be maintained to the maximum extent practicable.
2. Groups are limited to a maximum of thirty five (35) individuals (includes athletes, coaches, managers, staff, etc. required to successfully implement a practice session) from a single Sports Program. (This is a specific exception from the rule limiting groups to 10 persons at an outdoor gathering.)

• Where multiple Sports Programs are present at the same facility, not less than twenty (20) feet of separation shall always be maintained between separate Sports Programs. (Mingling of individuals between Sports Programs shall not be permitted.)

1. • Phase 2: effective Monday, July 20, 2020, Sports Programs may resume full regimen practices and scrimmages (hereinafter collectively “Training”) and competitive play under the following conditions and requirements:

1. Excluded from this section are outdoor sports and similar activities that require sustained close contact, such as football, rugby, basketball, boxing, wrestling, martial arts, mixed martial arts, etc. These close contact sports may continue under Phase I (above).
2. Competitive play shall be limited to one Sports Program competing against another Sports Program (e.g., one baseball team playing against another). (This is a specific exception from the rule limiting groups to 10 persons at an outdoor gathering.)

• Groups are limited to two (2) 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 Sports Programs.

1. • For Phase 1 and Phase 2, Sports Program operators shall ensure that:

1. Physical distancing protocols and procedures exist, are communicated to and understood by 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”).
2. 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.

• 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.

The following County of Hawai‘i parks and recreational facilities remain closed to the general public:
All community centers and senior centers

• All gymnasiums and covered play court facilities
• Aunty Sally Kaleohano’s Luau Hale
• Francis F.C. Wong Stadium
• Hakalau Beach Park
• Afook-Chinen Civic Auditorium
• Honoka‘a Swimming Pool (ongoing construction)
• NAS Swimming Pool (Hale Hanakahi emergency shelter facility)
• Pana‘ewa Rainforest Zoo & Gardens (ongoing construction)
• Shipman Gym
• Waiākea Recreation Center
• Edith Kanaka‘ole multipurpose stadium

Under the Mayor’s new Rule, the following businesses, operations and activities identified below shall remain closed:

1. Nightclubs
2. Large indoor venues (concerts, sports, conventions, expos)
3. Large outdoor venues (concerts, sports, conventions, expos)
4. Road races (marathons, triathlons, etc.)

Rule 9 takes effect on June 26, 2020 and shall continue through July 31, 2020 unless extended, rescinded, superseded, or amended by the Mayor’s subsequent order, or as otherwise provided by law.

To request no cost assistance in providing a safe and healthy business for employees and customers, contact the COVID Task Force on Education and Prevention at

935-0031.

Mayor’s COVID- 19 Emergency Rule No. 9
Pursuant to the authority vested in me by Hawai’ i Revised Statutes Chapter 127A
and due to the public health concerns related to COVID- 19, I hereby find that immediate
promulgation of this rule is necessary and do so in order to protect the health, safety
and welfare of the people of this County. This rule amends and restates all Mayoral
Covid- 19 Emergency Rules.
In accordance with Governor David Y. Ige’ s Ninth Supplementary
Proclamation ( 119th Supplementary”), the County and State of Hawai’ i is within the
Act with Care” phase of the ” State Roadmap to Recovery and Resilience.” With
the decline of active COVID- 19 cases in the County of Hawai’ i, reopening of more
medium risk operations and activities can be allowed. Unless otherwise specified in
this rule, all businesses, operations, and activities are permitted to re -open but
remain subject to all restrictions and physical distancing requirements of this rule,
the 9th Supplementary and any subsequent proclamations or orders, the State
Department of Health Reopening Hawai’ i Safe Practices, the Centers for Disease
Control and Prevention (” CDC”) and industry guidelines.
A. 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 9th Supplementary and any subsequent proclamations or orders, the
State Department of Health Reopening Hawai’ i 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 covering. Persons over the age of five ( 5) years old shall wear a
face covering as described and recommended by the CDC while in
public settings. This requirement shall not apply to persons engaging
Mayor’s COVID- 19 Emergency Rule No. 9
June 26, 2020
Page 2 of 17
in exercise activities. This requirement shall also not apply to anyone
who has trouble breathing, is unconscious, incapacitated or otherwise
unable to remove the face covering without assistance, or as otherwise
specifically allowed under this rule. The cloth face coverings
recommended are NOT surgical masks, N- 95, K-95, KN -95 or other
respirators. Those are critical supplies that must continue to be
reserved for healthcare workers and other medical first responders.
Businesses or operations may refuse to allow entry to persons not
wearing a face covering, unless an exception applies under this
section.
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 have a fever or cough
or are exhibiting symptoms such as shortness of breath or difficulty
breathing, chills, repeated shaking with chills, muscle pain, headache,
sore throat, or new loss of taste or smell, are urged to stay in their
residences to the extent possible, except as necessary to seek medical
care.
4. 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 with
signage, tape, or by other means six-foot spacing for employees and
customers in line to maintain appropriate distance. Businesses or
operations shall monitor and enforce the six- foot distancing
requirement set forth in this rule, whether outside waiting in line or as
customers move about inside a facility. Checkout operations shall be
modified, to the extent reasonably feasible, to provide this separation
or to provide a transparent shield or barrier between customers and
checkout clerks.
5. Limited customer occupancy. Each business facility or operation shall
determine and enforce the maximum number of customers that may be
accommodated while maintaining the specified separation distance
and limiting the number of customers in the facility or at the operation
to that maximum number at any time.
It is strongly recommended that a maximum of one ( 1) customer per
two hundred fifty (250) square feet of retail floor area be allowed into a
facility or operation to maintain the six-foot distancing requirement and
increase physical distancing.
Mayor’s COVID- 19 Emergency Rule No. 9
June 26, 2020
Page 3 of 17
6. Hand sanitizer and sanitizing products. Businesses or operations shall
make hand sanitizer and sanitizing products readily available for
employees and customers. Employees handling items from
customers, such as cash or credit cards, shall frequently utilize hand
sanitizers.
7. Disinfection. Businesses or operations shall regularly disinfect all high –
touch surfaces. All customers/ patrons shall sanitize hands at entry.
Hand sanitizing stations shall be available at each entrance. Business
and operations shall assign, train and schedule employees to sanitize
carts, conveyors, counters, handles, knobs, and other high touch
surfaces.
8. Safeguards for high risk populations. Businesses or operations are
urged to implement processes to safeguard elderly and high risk
customers. High risk persons are encouraged to stay in their
residence to the extent possible, except as necessary to seek medical
care.
9. Online and remote access. Businesses or 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 CDC recommended face coverings while in the
business or operation; avoid entering the business or operation if they
have a cough or fever or otherwise do not feel well; maintain a six-foot
distance from one another; not shake hands or engage in unnecessary
physical contact.
C. Gatherings
Indoor gatherings of groups of up to 10 persons are permitted with a maximum of
50 people provided that physical distancing and safe practices can be maintained
unless a greater amount of people are permitted under this rule.
Mayor’s COVID- 19 Emergency Rule No. 9
June 26, 2020
Page 4 of 17
Outdoor gatherings of groups of up to 10 persons are permitted with a maximum
of 100 people provided that physical distancing and safe practices can be maintained
unless a greater amount of people are permitted under this rule.
D. 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
E. 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.
F. This rule shall take effect June 26, 2020 and shall continue through
July 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 Hawaii to be affixed. Done this 26th day of June 2020 in Hilo, Hawaii