Chapter 05 Construction Administrative Code

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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-2-3 (c) The granting of a permit, variance, or approval of plans or specifications pursuant to the construction code does not dispense with the necessity to comply with any applicable law to which a permit holder may also be subject. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 9.) 5-2-3 Section 5-2-4. Conflict. (a) If any provisions of the construction code conflict with or contravene provisions of the Hawai‘i State Building Codes, International Building Code, International Residential Code, International Existing Building Code, National Electrical Code, Uniform Plumbing Code, or the International Energy Conservation Code, that have been incorporated by reference, the provisions of the construction code shall prevail as to all matters and questions arising out of the subject matter of that provision. (b) In situations where two or more provisions of the construction code and any applicable law, other than those provided for in subsection (a), cover the same subject matter, the stricter shall be complied with. (2020, ord 20-61, sec 2; am 2021, ord 21-61, sec 10.) 5-2-4 Section 5-2-5. Adoption of rules. The authority having jurisdiction may adopt rules pursuant to chapter 91, Hawai‘i Revised Statutes, necessary for the purposes of the construction code. (2020, ord 20-61, sec 2.) 5-2-5 Section 5-2-6. Right of entry. Upon presentation of proper credentials, the authority having jurisdiction may enter a building, structure, premises, or building site at reasonable times to inspect or to perform any duty imposed by the construction code. Such entry shall be made in such a manner as to cause the least possible inconvenience to the persons in possession. If such building, structure, premises, or building site is unoccupied, the authority having jurisdiction shall first make a reasonable effort to locate the owner, owner’s agent, or person responsible for the building, structure, premises, or building site and request entry. An order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted. (2020, ord 20-61, sec 2.) 5-2-6 Section 5-2-7. Deputies. In accordance with applicable procedures the authority having jurisdiction shall have the authority to: (1) Appoint technical officers, inspectors, plan examiners, and other personnel necessary to support the department; (2) Deputize inspectors or employees who shall have powers delegated to them by the authority having jurisdiction; and (3) Deputize volunteers to temporarily carry out functions of the department in the event of an emergency as defined in chapter 127A, Hawai‘i Revised Statutes. (2020, ord 20-61, sec 2.) 5-2-7 SUPP. 11 (1-2022) 5-7