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been incorporated by reference, the provisions of the construction code shall prevail as <br /> to all matters and questions arising out of the subject matter of that provision. <br /> (b) In situations where two or more provisions of the construction code and any applicable <br /> law, other than those provided for in subsection (a), cover the same subject matter,the <br /> stricter shall be complied with. <br /> Section 5-2-5. Adoption of rules. <br /> The authority having jurisdiction may adopt rules pursuant to chapter 91, Hawaii <br /> Revised Statutes, necessary for the purposes of the construction code. <br /> Section 5-2-6. Right of entry. <br /> Upon presentation of proper credentials, the authority having jurisdiction may enter a <br /> building, structure, premises, or building site at reasonable times to inspect or to perform any <br /> duty imposed by the construction code. Such entry shall be made in such a manner as to <br /> cause the least possible inconvenience to the persons in possession. If such building, <br /> structure, premises, or building site is unoccupied, the authority having jurisdiction shall first <br /> make a reasonable effort to locate the owner, owner's agent, or person responsible for the <br /> building, structure, premises, or building site and request entry. An order of a court <br /> authorizing such entry shall be obtained in the event such entry is denied or resisted. <br /> Section 5-2-7. Deputies. <br /> In accordance with applicable procedures the authority having jurisdiction shall have <br /> the authority to: <br /> (1) Appoint technical officers, inspectors, plan examiners, and other personnel <br /> necessary to support the department; <br /> (2) Deputize inspectors or employees who shall have powers delegated to them by <br /> the authority having jurisdiction; and <br /> (3) Deputize volunteers to temporarily carry out functions of the department in the <br /> event of an emergency as defined in chapter 127A, Hawaii Revised Statutes. <br /> Section 5-2-8. Limited liability of authorized personnel. <br /> (a) The authorized personnel charged with the administration and enforcement of the <br /> construction code, while acting in good faith and without malice in the discharge of the <br /> duties required by the construction code or other applicable law, shall not thereby be <br /> rendered personally liable for damages that may accrue to persons or property as a <br /> result of an act or by reason of an act or omission in the discharge of such duties. A suit <br /> brought against the authorized personnel because of such act or omission performed by <br /> the authorized personnel in the enforcement of any provision of the construction code <br /> or other applicable law implemented through the enforcement of the construction code <br /> shall be defended by the County until final termination of such proceedings, and any <br /> judgment resulting therefrom shall be assumed by the County. <br /> 17 <br />