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EMERGENCY PROCLAMATION AND EMERGENCY RULE NO. 1 RELATING TO RED FLAG WARNING ISSUED ON JULY 31, 2025

By the authority vested in me as the Mayor of the County of Hawaiʻi (County) by the Constitution and laws of the State of Hawaiʻi, and by the Charter and ordinances of the County of Hawaiʻi, to prepare for and respond to emergencies and disasters, I, C. KIMO ALAMEDA, Mayor of the County of Hawaiʻi, hereby determine, designate, and proclaim as follows: 

             WHEREAS, Hawai‘i 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 Hawaiʻi; and

            WHEREAS, HRS Chapter 127A, and Hawai‘i County Code (HCC) Chapter 7, establish a Civil Defense Agency within the County of Hawai‘i 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 Hawaiʻi (CCH) Section 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 8:31AM HST on July 31, 2025, the National Weather Service (NWS) issued a Red Flag Warning for wind and low relative humidity affecting the leeward portions of all the Hawaiian Islands and the interior sections of the Big Island, which includes South-Big Island, Southeast-Kohala, and the Big Island Interior.  The Red Flag Warning is in effect until 6:00PM HST on August 1, 2025, but may continue into August 2, 2025; and

            WHEREAS, the NWS forecasts winds to be East 15 to 30mph with gusts up to 50mph for the Big Island and relative humidity lowering to 35 to 45 percent each afternoon; and

            WHEREAS, a Red Flag Warning means that critical fire weather conditions are either occurring now or will shortly. The combination of strong winds, low relative humidity, and warm temperatures can contribute to extreme fire behavior and the rapid spread of any fires that develop, which pose an imminent threat to life, property, and the environment; 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 recommends the following precautions and preparedness actions be taken: outdoor burning is not recommended, park cars on areas that are paved or where vegetation is trimmed and cleared as heat from vehicle exhaust systems can ignite dry grass, and delay activities that could throw sparks

            NOW, THEREFORE, I, C. KIMO ALAMEDA, Mayor of the County of Hawai‘i, do hereby proclaim and declare, effective July 31, 2025, that a local state of emergency exists under HRS § 127A-14(b), CCH § 13-23, and HCC § 7-1-6(a), as I find that based on the conditions stated above an emergency or disaster is occurring or there is an imminent danger or threat of an emergency or a disaster to the leeward and interior portions of the Big Island, including South-Big Island, Southeast-Kohala, and the Big Island Interior, as more specifically shown in the NWS Hazards & Warnings map attached as Exhibit A, within the County of Hawaiʻi as contemplated by HRS § 127A-14(b); and

            I FURTHER DECLARE that it is necessary to invoke the following:

                      I         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:

                                            HRS §§ 127A-12(a)(5), 127A-13(b)(3)-(5), 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

G. To the extent necessary to prevent hoarding, waste, or destruction of materials, supplies, commodities, accommodations, facilities, and services, to effectuate equitable distribution thereof, or to establish priorities therein as the public welfare may require; to investigate; and any other county law to the contrary notwithstanding, to regulate or prohibit, by means of licensing, rationing, or otherwise, the storage, transportation, use, possession, maintenance, furnishing, sale, or distribution thereof, and any business or any transaction related thereto.

                                            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.

            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 4:00PM on July 31, 2025, the following conduct shall be prohibited in the leeward and interior portions of the Big Island, including South-Big Island, Southeast-Kohala, and the Big Island Interior, as more specifically shown in the NWS Hazards & Warnings map attached as Exhibit A: 

             1.         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 shall terminate automatically sixty (60) days after its issuance, unless extended or terminated by a separate or supplementary proclamation. 

Done at the County of Hawaiʻi,
        this 31st day of July 2025

APPROVED AS TO FORM

AND LEGALITY:

EMERGENCY PROCLAMATION AND EMERGENCY RULE NO. 1 RELATING TO RED FLAG WARNING ISSUED ON JULY 31, 2025