Chapter 05 Construction Administrative Code

Home

§ 5-2-8 H AWAI‘I C OUNTY C ODE Section 5-2-8. Limited liability of authorized personnel. (a) The authorized personnel charged with the administration and enforcement of the construction code, while acting in good faith and without malice in the discharge of the duties required by the construction code or other applicable law, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of the construction code or other applicable law implemented through the enforcement of the construction code shall be defended by the County until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the County. (b) Neither the County nor any department, board, commission, officer, employee, or agent shall be held liable or responsible for any damage or injury caused by or resulting from the issuance of any permit, or any inspection or approval or issuance of a certificate of inspection, made under the provisions of the construction code. (c) The construction code shall not be construed to relieve from or lessen the responsibility of any person for damages from any defect, arising out of the ownership, operation, or installation of any: (1) Electrical wires, appliances, apparatus, construction, or equipment; or (2) Plumbing, gas, or drainage systems. (2020, ord 20-61, sec 2.) 5-2-8 Division 2. Materials, equipment, devices, design, and methods of construction. Section 5-2-21. Approved materials, equipment, and devices. Materials, equipment, and devices approved by the authority having jurisdiction shall be constructed and installed in accordance with such approval. (2020, ord 20-61, sec 2.) 5-2-21 Section 5-2-22. Used materials, equipment, and devices. The use of used materials that meet the requirements of the construction code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the authority having jurisdiction. (2020, ord 20-61, sec 2.) 5-2-22 Section 5-2-23. Alternative materials, equipment, design, or methods of construction. (a) The provisions of the construction code are not intended to prevent the installation of any material or equipment; or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved by the authority having jurisdiction. SUPP. 9 (1-2021) 5-8