Finding, hiring and working with a general contractor is similar to getting engaged. How can you guarantee a happy ever after? All parties go in with lots of promises and high expectations. Alas,sometimes it works out and sometimes it doesn’t!
When it comes to finding a reliable pro for your project, look closer to home for your referrals. Your friends, neighbors and family members are your most trusted sources says the National Association of Home Builders. A referral from someone you know is a great place to start but don’t stop there. Check the Better Business Bureau for grievances and complaints against an individual or company. However, don’t jump to conclusions, even really good contractors can have missteps. See if the dispute was resolved to everyone’s satisfaction and if not, move on. Angie’s List, Consumer’s Checkbook, Craigslist and Yelp are more online resources you can log into. The online community is a trove of peer opinions on professional contractors, the quality of their work and reliability. But can you trust the reviews to be valid? Some companies pay hired workers to hand out 5 star reviews or anonymously pen glowing reviews from employees. Rival companies can try to sabotage their competition with nasty reviews. So, are the reviews really trustworthy? A recent survey found 80% of consumers trust online reviews! The take away? Get the big picture before letting one online review sway your thinking. Judge extreme opinions with care: “Don’t let this guy set foot on your property,” or even “best experience of my life.” Balance the positive and the negative reviews. If there is a certain contractor you are interested in hiring, don’t hesitate to ask the contractor to set up dates and times with his most recent jobs. Ask the homeowners if they got along with the contractor and crew. Don’t be shy or embarrassed about taking this step, it will be an immense help to you in the future. Your job is to do your due diligence before you sign any contract.
Ask about certification and licensure. Reputable general contractors often have some type of certification relating to the field they specialize in. For example, a contractor who specializes in remodeling homes may be certified through the National Association of Remodeling Industry. Your state may require certain types of licensure for some contractors. If you are in need of an electrician, the contractor should have a license to perform electrical work. This license proves the person has gone through the appropriate training to perform electrical work in both a safe and effective manner.
Ask about insurance. Your state may require contractors to be bonded. A bond is a form of insurance the contractor purchases and it can protect you if the contractor does not perform the job properly or damages your property. The contractor may also carry separate insurance to protect his employees if they get injured while working at your property.
Before you hire a contractor, seek at least three bids. And when you do, ask for itemized bids. Its certainly more work for the contractor, but it lets you see exactly where your costs are. That way, if you need to do some trimming of the budget, you can determine the specifics you can do without.
Items to include in the itemized bid include:
Demolition and trash removal
Framing and finish carpentry
(Of course these are suggestions, your project may not include all of these bullet items)
Once you picked the best contractor for the job, keep your project on track with an IRONCLAD contract.
The contract should include:
That all permits and approvals will be obtained by the contractor
Beginning and end dates for the project
*A schedule of payments from you to the contractor
*Buyer and Contractor agree to the following:
Contractor agrees to performing all the work and providing all the labor, supervision, materials and equipment. It holds the contractor to completing the project in a competent manner, as well.
Materials and Equipment to be used:
This space on the contract will allow for a listing of materials and equipment and their respective prices. (No contractor wants to talk about it, but he’s going to mark up everything he pays out to make your job happen. That’s fair; it’s how he pays his own overhead and salary. But keep in mind he’s marking up not only materials but his labor costs by as much as 50%. If you have no problem with that, fine. But remember you bought all those supplies and they are rightfully yours to keep if he doesn’t use them all. Make sure you ask for any unused materials or he will most likely “resell” them on his next project! The ideal solution is to purchase all the materials yourself. That way, YOU control the quantity, quality, brand, model numbers and identifying features.
In this space, all subcontractor labor should be listed. This should include any plumbers, electricians and other skilled and unskilled laborers, along with their physical addresses, phone numbers, current license numbers and work they will provide.
This space should include the total amount of the project as laid out by the contract. There should also be an agreement that the buyer will pay the contractor the stated amount.
Progress Payments and Schedule.
This section breaks down how the total cost will be paid. Typically, there is a deposit amount paid when the contract is signed and a final payment when work is completed. In between these two payments are a series of progress payments. Each of these payments will include a decided on amount and the corresponding work or service that the money is paying for. The payment schedule will often include a disclaimer that the buyer’s final payment may be withheld if the contractor doesn’t provide proof that all expenses related to the project have been paid for and that there is no lien on the buyer’s property. Require the proof that he paid all his subcontractors or they may have recourse to put a lien on your property. Pay all contractor fees with a credit card, never cash. That way, you have a clear paper trail.
(As an aside, the deposit is NOT for covering the contractor’s initial materials or set-up costs. If his business is financially sound and he is in good standing with his suppliers he shouldn’t need to pay for anything up front! In fact, many states limit the contractor’s advance. California, for example, limits deposits to 10% of the job’s cost or $1000 whichever is smaller. A contractor requiring 50% down may actually be breaking the law in your state. This issue is for the safety of the homeowner so the would-be contractor doesn’t just take your money and run!) Your state Department of Consumers Affairs will have that information for you.
This section will include the dates when the work will commence and theoretically be completed.This area will include a provision that the buyer may cancel the contract if work isn’t begun within a certain amount of days of the expressed date. Many factors will determine the final date of completion of the project due to unforeseen issues that will inevitably turn up.
Acceptance of the Contract
This section provides space for buyer and general contractor to sign and date the contract, agreeing to all the stipulations laid out.
Remember that the contract is a binding, legal document so go over it with a fine-toothed comb. You may want to get the opinion of your lawyer to make sure you have not overlooked anything. If the cost of your project is substantial, it may be well worth the lawyer’s fee.
Take your time (if time allows), do you homework and the task of picking the contractor to improve your most prized possession doesn’t have to be a horror story!
LET’S EAT OUT!
I have been interested in sake production as well as sake vessels for many years now. As an amateur potter I make guinomi or sake cups and as a result I have been invited to many tastings in Hawaii. Last year I met one of the judges at the Hawaii based Joy of Sake (National Sake Appraisal), Chiaki Takahashi. Chiaki is an experienced consultant and researcher in Japanese sake, cider and wine. She told me of her project to brew sake in Honolulu and how she was motivated by the history of brewing sake in Honolulu and its impact on the sake industry in Japan. Three decades ago Takao Nihei developed sake to be consumed cold, sparkling sake and sake cocktails. Chiaki envisioned restarting a Hawaii sake kura (brewery). Working with her partner, Tama Hirose and some volunteers to develop the brewery in an old auto body shop on Queen street in Kakaako. Between construction and city/county permitting it took two years to finally get production going. Japanese crowd funding provided additional financial support. My personal small donation was honored by three bottles of the fourth batch! 🙂 Unfortunately, the opening party is still postponed due to the pandemic.
The brewery is efficient and compact with a lovely tasting room highlighted by a beautiful monkeypod counter. During their start up they sold amazake (a sweet non alcoholic rice drink) at the Ward and Kailua Farmers Markets. They opened the brewery in mid March and were selling their bottles of fresh nama (unpasteurized) gingo and nigori sake (sake with some sake rice). However the day their bar was to open, the lockdown began. After it was able to open up, they offered food pairings with glasses of sake. I went last Wednesday night, dined outside and enjoyed multiple courses of delicious Japanese home-style cooking, which included poached salmon, various Japanese appetizers, stewed vegetables with beef and amazake based desserts. The food and sake pairings were scrumptious but Honolulu went into lockdown again the next day. You now can go to pick up yakitori ingredients with bottles of sake. Please consider supporting their dream and kapai! (cheers!)
753 Queen Street Honolulu, Hi.
WHAT’S HAPPENING THIS MONTH ON OAHU?
This country needs a unified national effort to control the spread of Covid-19. We are a nation bobbing in the waves with no sails to reach the shore. Just a few months ago, few people tested positive for Covid-19 in Hawaii. Buoyed by the good news, businesses reopened to thankful residents. The State continued to quarantine visitors and returning islanders, but some of those people violated the quarantine. From the incident at the Maui Memorial Hospital in April, where an employee returned from a mainland conference and spread the virus to 52 people at the hospital and an unknown number outside the hospital, it became clear that a quarantine was not effective or enforceable. This is just one example of many, which has led to a new shutdown. Yesterday, Hawaii had 200 new cases, raising the number of active cases to 8,339. The Mayor of Honolulu issued a new stay-at-home order last week (attached below). It would be nice if the numbers were reduced, but until people with the virus are prevented from infecting other residents (including their family members), nothing will change.
OFFICE OF THE MAYOR
CITY AND COUNTY OF HONOLULU
530 SOUTH KING STREET, ROOM 300 • HONOLULU, HAWAII 96813 PHONE: (808) 768-4141 • FAX: (808) 768-4242 • INTERNET: www.honolulu.gov
August 25, 2020
OFFICE OF THE MAYOR CITY AND COUNTY OF HONOLULU EMERGENCY ORDER NO. 2020-25 (COVID-19 [Novel Coronavirus])
SECOND STAY AT HOME / WORK FROM HOME ORDER
By the authority vested in me as Mayor of the City and County of Honolulu (the “City”) pursuant to Revised Charter of the City and County of Honolulu 1973 (2017 Edition), as amended; the Revised Ordinances of the City and County of Honolulu 1990, as amended; the Hawai’i Revised Statutes, as amended (“Haw. Rev. Stat.”), the Constitution and laws of the State of Hawai’i, I, KIRK W. CALDWELL, hereby issue this Second Stay At Home / Work From Home order (the “Order”) to further address the emergency declared in the Proclamation COVID-19 [Novel Coronavirus] that I issued on March 4, 2020, Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) that I issued on March 18, 2020, the Second Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) that I issued May 6, 2020 Third Supplemental Proclamation of Emergency or Disaster (COVID- 19 [Novel Coronavirus]) that I issued June 20, 2020, and the Fifth Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) I issued August 6, 2020.
The virus that causes Coronavirus 2019 Disease (“COVID-19”) is easily transmitted, especially in group settings, and it is essential that the spread of COVID-19 be slowed to protect the ability of public and private health care providers to handle the influx of new patients and to safeguard public health and safety. This Order addresses these ongoing concerns.
At the present time, there is a resurgence of COVID-19 within the City. As of August 24, 2020, the City has had 6,181 confirmed cases of COVID-19, a record 4,374 of which are active cases, 352 related hospitalizations, and 41 related deaths.
Due to the risk of the rapid spread of the virus causing COVID-19, and the need to protect all members of the City, especially including our members most vulnerable to the virus and also health care providers, this Order requires all individuals anywhere in the City to shelter in place — that is, stay at home and work from home — except for certain essential activities and work to provide essential business and government services or perform essential public infrastructure
construction, including housing. This Order is effective at 12:00 a.m. on August 27, 2020 and will continue through September 9, 2020 subject to the limited exceptions and under the terms and conditions more particularly set forth below.
Pursuant to Haw. Rev. Stat. § 127A-25 and the Rules of the Mayor City and County of Honolulu, dated March 20, 2020 (“Mayor’s Rules”) promulgated under that section, each of the orders contained in this Order (“the Orders”) shall have the force and effect of law. The Orders are in accordance with and incorporate by reference all of my prior COVID-19 related emergency proclamations and Hawai’i Governor David Y. Ige’s COVID-19 related emergency proclamations.
Violation of any of the Orders is punishable as a misdemeanor, with fines of up to $5,000, up to a year in jail, or both. Haw. Rev. Stat. § 127A-29; Mayor’s Rules.
Order 1: All individuals currently living within the City are ordered to stay at their place of residence. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably possible maintain physical distancing of at least six (6) feet from any other person when they are outside their residence and comply with Social Distancing Requirements (as defined in Section II.K.). All persons may leave their residences only for Essential Activities, Essential Governmental Functions, or to operate or visit Essential Businesses, as those terms are defined in Section II. Individuals experiencing homelessness are exempt from this Order 1 only, but are strongly urged to obtain shelter, and governmental and other entities are strongly urged to make such shelter available as soon as possible and to the maximum extent practicable (and to use COVID-19 risk mitigation practices in their operation).
Order 2: All businesses with a facility in the City, except Essential Businesses (as defined in Section II.F.), are required to cease all activities within such facilities, except Minimum Basic Operations (as defined in Section II.H.). For clarity, businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home). All Essential Businesses are strongly encouraged to remain open. To the extent applicable and to the greatest extent feasible, Essential Businesses shall comply with Social Distancing Requirements, including the six-foot physical distancing requirement for both employees and members of the public (including customers standing in line inside and outside of the facility).
Order 3: Gatherings.
A. Indoor and outdoor social gatherings of any type and any number of people are prohibited. For purposes of this Order, a “social gathering” is a gathering or event that brings together persons from multiple households or living units at the same time for a discrete, shared or group experience in a single room, space, or place such as a private home, park, auditorium, stadium, arena, conference room, lunch room, meeting hall, or other indoor or outdoor space.
B. This limitation on social gatherings does not apply to gatherings/events/activities that are permitted under Section II. Nothing in this Order prohibits the gathering of members of a household or living unit on their property (including shared common areas).
Order 4: All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or public transit, except Essential Travel and Essential Activities (as defined in Section II), is prohibited. People must use public transit only for purposes of performing Essential Activities; or to travel to and from Essential Businesses or maintain Essential Governmental Functions. People riding on public transit must comply with Social Distancing Requirements, as applicable, including the face covering requirements contained in Order 5 of this Order. This Order allows travel into or out of the City to perform Essential Activities, operate or visit Essential Businesses, or maintain Essential Governmental Functions.
Order 5: Non-Medical Grade Face Coverings.
All individuals within the City shall wear face coverings while outdoors in public spaces when maintaining a physical distance of six (6) feet from persons who are not members of the same household or living unit is not feasible.
All individuals within the City shall wear face coverings while indoors in public spaces, including, but not limited to, enclosed common areas of commercial and residential buildings.
All employees who work at businesses or perform services at Essential Businesses, as provided in Section II.F. of this Order, and City departments shall wear non-medical grade face coverings over their noses and mouths when engaged and interacting with customers, visitors, and other employees of the Essential Business or City department at issue.
All customers and visitors of businesses and organizations defined as Essential Businesses, as provided in Section II.F. of this Order, and City departments shall wear non-medical grade face coverings over their noses and mouths to provide additional protection for employees and customers of Essential Businesses and City department at issue.
All passengers and users of public modes of transportation (TheBus and TheHandi-Van) shall wear non-medical grade face coverings over their noses and mouths when on board.
An owner or operator of an Essential Business under this Order or City department may refuse admission or service to any individual who fails to wear face coverings.
Face coverings under this Order may not be worn only under the following circumstances:
Within banks, financial institutions, or using automated teller machines where the inability to verify the identity of the customer or visitor of the bank, financial institution or automated teller machine poses a security risk;
By individuals with medical conditions or disabilities where the wearing of a face covering may pose a health or safety risk to the individual;
By individuals engaging in physical activity outdoors where physical distancing can be maintained (e.g., walking, jogging, hiking, etc.);
By children under the age of 5;
By first responders (Honolulu Police Department, Honolulu Fire Department, Honolulu Emergency Services Department) to the extent that wearing non- medical grade face coverings may impair or impede the safety of the first responder in the performance of his/her duty;
By children in childcare, educational, and similar facilities consistent with the latest guidance from the Centers for Disease Control and Prevention (“CDC”) for such facilities;
As allowed by another provision of this Order.
The wearing of face coverings under this Order is intended to complement, not serve as a
substitute, for physical distancing and cleanliness.
Definition: “Non-medical grade face covering” or “face covering” as used in this Order, 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. It can be made of a variety of fabrics such as cotton, silk, or linen and may be factory-made, sewn by hand, or made from household items such handkerchiefs, scarfs, or shirts.
Recommendation: This Order requires non-medical grade face coverings to be worn in certain circumstances. Individuals who are unable to wear a non-medical grade 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 are encouraged to wear a face shield instead.
Any seller of non-medical grade face coverings or materials or supplies to make or manufacture such face coverings shall abide by Haw. Rev. Stat. § 127A-30.
Order 6: Closure of City and State Parks
City and County of Honolulu parks and botanical gardens (“City Parks”) and State of Hawai’i
parks within the City (“State Parks”), are closed for use except as set forth below:
A. Individuals may travel through City and State Parks to engage in and return from ocean activities such as surfing, solo paddling, swimming, and other activities allowed by law.
B. Individuals may travel through City and State Parks to use comfort stations and showers which shall remain open.
C. Shooting and archery ranges may remain open as determined by the City’s Department of Parks and Recreation.
D. To the extent applicable, fishing is permitted, but no group of two (2) or more individuals may engage in fishing and gathering.
E. Individuals may travel through City and State Parks to perform critical health, education, social services, and related activities for homeless, other at-risk persons, and animal control services.
Order 7: Closure of Beaches
Consistent with Governor David Y. Ige’s COVID-19 related proclamations and approval of this
Order, all beaches and sand bars within the City are closed except:
A. To transit across or through beaches to access the ocean waters for outdoor activities such as surfing, solo paddling, swimming, and individual fishing or gathering (no group of two (2) or more individuals may engage in fishing or gathering). No person shall otherwise walk, run, sit, stand, lie down, lounge, sunbathe, or loiter on any state beach or sand bar in Hawai’i.
B. All other State or City restrictions related to COVID-19 must be followed, including, but not limited to, any applicable quarantine restrictions.
Order 8: Singing and/or playing a wind instrument is prohibited.
In general, singing, and/or playing a wind instrument, and similar activities that increase the presence and propulsion of respiratory droplets in the air are prohibited. However, such activities are permitted provided they are performed at a gathering/business/operation authorized under the Order, and the following mitigation measures are taken:
A. If the activity takes place outdoors:
1. Any person(s) singing and/or playing a wind instrument, etc. shall maintain physical distancing of at least ten (10) feet from any other person(s) while singing and/or playing a wind instrument, etc. Members of the same performing group singing and/or playing a wind instrument, etc. may be closer than ten (10) feet together while performing, provided the group consists of less than ten (10) persons.
2. To the extent reasonable and practicable, a physical barrier (e.g., plexiglass) of sufficient size to mitigate the spread of COVID-19 shall separate any person(s) singing and/or playing a wind instrument, etc. from any other person(s), but not including members of the same performing group.
B. If the activity takes place indoors:
1. Any person(s) singing and/or playing a wind instrument, etc. shall maintain physical distancing of at least ten (10) feet from any other person(s) while singing and/or playing a wind instrument, etc.
2. A physical barrier (e.g., plexiglass) of sufficient size to mitigate the spread of COVID-19 shall separate any person(s) singing and/or playing a wind instrument, etc. from any other person(s), but not including members of the same performing group.
II. DEFINITIONS AND EXEMPTIONS
A. For purposes of this Order, individuals may leave their residence only to perform any of the following “Essential Activities.” However, people at high risk of severe illness from COVID-19 and people who are sick are urged to stay in their residence to the extent possible except as necessary to seek medical care.
To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (including, but not limited to, pets), such as, by way of example only and without limitation, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies needed to work from home.
To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others, such as, by way of example only and without limitation, canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences.
To engage in outdoor activity in locations as allowed by law, provided the individuals comply with Social Distancing Requirements as defined in this section, such as, by way of example and without limitation, swimming, surfing, walking, or running (with or without pets).
To perform work providing essential products and services at an Essential Business, Essential Government Function, or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations (as defined in Section II.G.).
To care for a person or pet in another household.
To obtain services, goods, or supplies from, or engage in activities at, Essential Businesses (as defined in Section II.F.) or Essential Government Functions.
To visit graveyards, mausoleums, and similar sites consistent with the restrictions in this Order.
To engage in any other activity required or allowed by law.
B. For purposes of this Order, individuals may leave their residence to work for or obtain services at any “Healthcare Operations” including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services, organizations collecting blood, platelets, plasma, and other necessary materials, licensed medical marijuana dispensaries and licensed medical marijuana production centers, eye care centers, including those that sell glasses and contact lenses. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. Further, “Healthcare Operations” includes prepaid health care plan contractors as that term is defined under Haw. Rev. Stat. ch. 393, and other employer-sponsored health and welfare benefit plans, and/or individual or group health insurance plans that provides healthcare insurance benefits for payment or reimbursement for healthcare services provided by Healthcare Operations. This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. “Healthcare Operations” does not include fitness and exercise gyms and similar facilities. “Healthcare Operations” shall be conducted and performed in compliance with Social Distancing Requirements to the extent applicable and reasonably possible, except that all persons shall comply with the face coverings requirements set forth in Order 5 of this Order.
C. For purposes of this Order, individuals may leave their residence to provide any services or perform any work necessary to the operations and maintenance of “Essential Infrastructure,” including, but not limited to, public works construction, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness), airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), provided that they carry out those services or that work in compliance with Social Distancing Requirements to the extent applicable and reasonably possible, except that all persons shall comply with the face coverings requirements set forth in Order 5 of this Order. This Order shall be construed and applied in compliance and consistent with the United States Department of Homeland Security, Cybersecurity & Infrastructure Security Agency Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, updated August 12, 2020 (and any subsequent updates and guidance memoranda thereto).
D. Further, nothing in this Order shall prohibit any individual, or government department or agency, from performing or accessing “Essential Governmental Functions.” “Essential Government Functions” means all services needed to ensure the continuing operation of the government agencies and provide for the health, safety and welfare of the public and includes, but is not limited to, all first responders, emergency management personnel, emergency dispatchers, members of the judiciary and related court personnel, law enforcement personnel, jails and prison personnel, and health, education, and social service providers. All Essential Governmental Functions shall be conducted and performed in compliance with Social Distancing Requirements to the extent applicable and reasonably possible, except that all persons shall comply with the face coverings requirements set forth in Order 5 of this Order.
E. For the purposes of this Order, covered businesses include any for-profit, non- profit, or educational entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure.
F. For the purposes of this Order, “Essential Businesses” must comply with Social Distancing Requirements to the extent applicable and reasonably possible, except that all persons shall comply with the face coverings requirements set forth in Order 5 of this Order. “Essential Businesses” means:
Healthcare Operations and Essential Infrastructure;
Grocery stores, certified farmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other non- grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences;
Food cultivation, including farming, livestock, and fishing;
Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals;
Newspapers, television, radio, and other media services;
Gas stations and auto and bicycle supply, auto and bicycle repair, towing services, and related facilities;
Banks and related financial institutions. This provision shall be construed and applied in compliance and consistent with the United States Department of Homeland Security, Cybersecurity & Infrastructure Security Agency Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, dated August 12, 2020 (and any subsequent guidance memoranda thereto), and the United States Department of the Treasury Memorandum for Financial Services Sector Essential Critical Infrastructure Workers, dated March 22, 2020 (and any subsequent guidance memoranda thereto);
Plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses;
Businesses providing mailing and shipping and delivery services, and businesses that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods or services to residences and end users or through commercial channels, and including post office boxes;
Educational institutions—including public and private K-12 schools, colleges, and universities—for purposes of facilitating distance learning, performing critical research, or performing essential functions, provided that social distancing of six (6)-feet per person is maintained to the greatest extent possible. Restrictions on operations for educational institutions contained in this Order do not apply to the University of Hawaii System or the State Department of Education.;
Laundromats, dry cleaners, industrial laundry services, and laundry service providers;
Restaurants and other facilities that prepare and serve food, but only for delivery or carry out.
a. Schools and other entities that typically provide food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only, provided that social distancing of six (6)-feet per person is maintained to the greatest extent possible. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site;
b. Cafeterias, lunchrooms, or dining facilities providing food and beverage services located within “healthcare facilities” as that term is defined under Haw. Rev. Stat. § 321-15.2 and similar facilities, may continue to do so under this order, provided that consumption within the cafeteria, lunchroom, or dining facility located within the healthcare facility is restricted to employees of the healthcare facility; patients of the healthcare facility; and no more than two (2) authorized visitors of the patient of the healthcare facility that have been appropriately screened by the healthcare facility in compliance with all of the facility’s protocols related to infectious disease control measures and processes.;
Businesses that supply products needed for people to work from home;
Businesses that supply other Essential Businesses with the support or supplies necessary to operate;
Airlines, taxis, and other private transportation providers, vehicle rental services, paratransit, and other private, public, and commercial transportation and logistics providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order;
Home-based care for seniors, adults, or children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness, including care givers such as nannies who may travel to the child’s home to provide care, and other in-home services, including meal delivery;
Facilities and shelters for seniors, adults, and children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness;
Professional services, such as legal or accounting services, insurance services, real estate services (including appraisals and title services) when necessary to assist in compliance with legally mandated activities;
Childcare facilities providing services that enable employees to work, or engage in activities as permitted. Childcare facilities must operate in accordance with State of Hawai’i Department of Human Services requirements;
Businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, kennels, and adoption facilities;
Hotels and motels, to the extent used for lodging; and service providers to hotels and motels that provide services that are necessary to maintaining the safety, sanitation, and essential operations of the hotel and/or motel;
Funeral, mortuary, cremation, burial, cemetery, and related services, provided that each death-related event (funeral, etc.) is: (a) limited to 10 individuals maximum (with members from different households/living units maintaining physical distance of at least six (6) feet between each other at all times); (b) face coverings are worn consistent with Order 5; and (c) there is compliance with all other applicable Social Distancing Requirements;
Critical trades. Building and construction tradesmen and tradeswomen, and other trades, including but not limited to, plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operations of residences, Essential Activities, and Essential Businesses;
Critical labor union functions that are essential activities that include the administration of health and welfare funds and personnel checking on the well-being and safety of members providing services in Essential Businesses or Essential Government Functions, provided that these checks should be done by telephone or remotely;
Licensed private detectives and agencies and guards and agencies as those terms are defined under Haw. Rev. Stat. ch. 463.
Fabric Sellers/Suppliers, under the following conditions:
a. The business is primarily engaged in selling fabric and related supplies (“Fabric Store(s)”);
b. Only two customers are allowed in the Fabric Store at a time, and the Fabric Store has implemented effective procedures to prevent any line from forming outside (appointment-only system, etc.);
c. All orders from the Fabric Store, other than those to be made in person pursuant to sub-section II.F.27.b. (above), are facilitated exclusively online, or by other remote means;
d. Orders from the Fabric Store, other than those to be made in person pursuant to sub-section II.F.27.b. (above), are fulfilled by no-contact delivery; a business providing mailing and shipping and delivery services to residences and end users or through commercial channels; or by curbside pick-up consistent with Social Distancing Requirements;
e. In-person and pick-up orders from the Fabric Store are solely for the purpose of obtaining materials necessary to make masks; and
f. The physical presence of workers at the Fabric Store is limited to the greatest extent feasible.
In-person spiritual services. In-person spiritual services may be conducted provided Social Distancing Requirements are adhered to including, but not limited to, the wearing of face coverings and physical distancing.
29. Film and television production. All local, national, and international film production, television production, streaming production, and similar production may operate in the City based on the guidelines and recommendations for production cast and crew members available at: https://www.honolulu.gov/rep/site/oed/oed_docs/Guidelines_and_Best_Pr actices_for_filming_on_the_Island_of_Oahu_during_the_time_of_COVI D_060320.pdf. Compliance with the Order and the COVID-19 related proclamations issued by the State is required, including all travel quarantine requirements as modified by the guidelines and recommendations available at: https://www.honolulu.gov/rep/site/oed/oed_docs/Modified_Quarantine_Pr ocedures-Honolulu-060320.pdf.
G. For the purposes of this Order, “Minimum Basic Operations” include the following, provided that employees comply with Social Distancing Requirements as defined this section, to the extent applicable and reasonably possible, except that all persons shall comply with the face coverings requirements set forth in Order 5 of this Order, while carrying out such operations:
The minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions.
The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
H. For the purposes of this Order, “Essential Travel” includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements to the extent applicable and reasonably possible, except that all persons shall comply with the face coverings requirements set forth in Order 5 of this Order.
Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses, or Minimum Basic Operations.
Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons.
Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services.
Travel to return to a place of residence from outside the jurisdiction.
Travel required by law enforcement or court order.
Travel required for non-residents to return to their place of residence outside the City. Individuals are strongly encouraged to verify that their transportation out of the City remains available and functional prior to commencing such travel.
I. For purposes of this order, residences include hotels, motels, shared rental units, and similar facilities.
J. For purposes of this order Social Distancing Requirements include the following:
1. 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.
2. 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.
3. Personal hygiene. Persons are encouraged to wash their hands with soap and water for at least twenty seconds as frequently as possible or use hand sanitizer, cover coughs and sneezes (into the sleeve or elbow, not hands), regularly clean high-touch surfaces, and avoid unnecessary contact with others (shaking hands, etc.).
4. Six (6)-foot distances. All persons shall maintain a minimum of six (6)- feet of physical separation from all other persons. Essential Businesses (to the degree applicable) shall designate with signage, tape, or by other means six (6)-foot spacing for employees and customers in line to maintain appropriate distance. Employees shall monitor and enforce the six (6)-foot distancing requirement set forth in this Order, whether outside waiting lines 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 Essential Business facility shall determine 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, to the extent there is no conflict with any existing law or order.
6. Face Coverings. All persons shall comply with the Non-Medical Grade Face Coverings requirements set forth in Order 5 of this Order.
7. Hand sanitizer and sanitizing products. Essential Businesses (to the degree applicable) 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.
8. Disinfection. Essential Businesses (to the degree applicable) shall regularly disinfect all high-touch surfaces.
9. Safeguards for high risk populations. Essential Businesses (to the degree applicable) are urged to implement processes to safeguard elderly and high risk customers.
10. Online and remote access. Essential Businesses (to the degree applicable) shall post online whether a facility is open and how best to reach the facility and continue services by phone or remotely. Essential Businesses (to the degree applicable) shall encourage their customers to do their business remotely by phone or online to the extent possible.
11. Pickup at store or delivery. Essential Businesses (to the degree applicable) 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.
12. Signage. Essential Businesses (to the degree applicable) shall post a sign at the entrance of the facility informing all employees and customers that they must comply with the Non-Medical Grade Face Coverings requirements set forth in Order 5 of this Order; 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; and not shake hands or engage in unnecessary physical contact.
III. BASIS FOR THE ORDER
This Order is issued based on evidence of COVID-19 within the City, as reported by the Centers for Disease Control and Prevention (CDC), the State Department of Health, and guidance from the City’s medical advisory experts, scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID- 19 specifically, and evidence that the age, condition, and health of a significant portion of the population of the City places it at risk for serious health complications, including death, from COVID-19.
Due to the outbreak of the COVID-19 virus in the general public, which is a pandemic according to the World Health Organization, there is a public health emergency throughout the City. In addition, some individuals who contract the COVID-19 virus have no symptoms or have mild
symptoms, which means they may not be aware they carry the virus. Because even people without symptoms can transmit the virus, and because evidence shows that it is easily spread, gatherings can result in preventable transmission of the virus.
The scientific evidence shows that at this stage of the emergency, the spread of the virus is spiraling out of control. It is essential to slow virus transmission as much as possible to protect the most vulnerable and to prevent the health care system from being overwhelmed, while also allowing access to basic life necessities. One proven way to slow the transmission is to limit interactions among people to the greatest extent practicable. This Order helps preserve critical and dwindling healthcare capacity in the City while allowing essential community activity and functions to continue.
This Order is also issued in light of the fact that as of August 24, 2020, the City has had 6,181 confirmed cases of COVID-19, a record 4,374 of which are active cases, 352 related hospitalizations, and 41 related deaths.
The intent of this Order is to ensure that the maximum number of people self-isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the maximum extent possible. When people need to leave their places of residence, whether to obtain or perform vital services, or to otherwise facilitate authorized activities necessary for continuity of social and commercial life, they shall, as applicable and at all times reasonably possible, comply with Social Distancing Requirements as defined in Section II.K., except that all persons shall comply with the Non-Medical Grade Face Coverings requirements set forth in Order 5 of this Order. All provisions of this Order should be interpreted to effectuate this intent.
A. Superseding Order. Emergency Order Nos. 2020-01 through 2020-24 issued by the Office of the Mayor City and County of Honolulu related to the COVID-19 pandemic) are hereby rescinded (to the extent they have not been already) and are superseded by this Order. Section 5 of the Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) issued on March 18, 2020, is hereby superseded to the limited extent necessary to carry out this Order.
B. Duration. This Order shall take effect at 12:00 a.m. on August 27, 2020 and shall continue in force and effect through September 9, 2020, or until it is extended, rescinded, superseded, or amended by a subsequent order, or as otherwise provided under Haw. Rev. Stat. ch. 127A.
C. Enforcement. All law enforcement of the State of Hawai’i and City shall ensure compliance with and enforce these Orders in accordance with Haw. Rev. Stat.
§ 127A-29 and Mayor’s Rules.
Cathy, Mary and Jeff