Chapter 05 Construction Administrative Code

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C ONSTRUCTION A DMINISTRATIVE C ODE§ 5-2-23 (b) Requests for qualified and approved alternative materials, equipment, design, or methods of construction shall include a stamped certification from a person who is licensed in the State of Hawai‘i as an architect or professional engineer, that the proposed alternative meets or exceeds the standards set in subsection (c). Supporting data as prescribed in subsections (d) and (e) shall be required to support the request. (c) An alternative material, equipment, design, or method of construction may be approved where the authority having jurisdiction finds that the proposed design is satisfactory and complies with the intent of the provisions of the construction code, and that the material, equipment, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety. (d) Research reports. Supporting data, where necessary to assist in the approval of materials, assemblies, or equipment not specifically provided for in the construction code, shall consist of valid research reports from approved sources. (e) Tests. Whenever there is insufficient evidence of compliance with the provisions of the construction code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the authority having jurisdiction shall have the authority to require tests as evidence of compliance to be made at no expense to the County. Test methods shall be as specified in the construction code or by other recognized test standards. In the absence of recognized and accepted test methods, the authority having jurisdiction shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the authority having jurisdiction for the period required for retention of public records. (2020, ord 20-61, sec 2.) 5-2-23 Section 5-2-24. Modifications. (a) Wherever there are practical difficulties involved in carrying out the provisions of the construction code, the authority having jurisdiction may grant modifications for individual cases, upon application by an owner or owner’s representative. As used in this section, “modification” means an exception to the provisions of the construction code that may be granted in individual cases, by the authority having jurisdiction. No modification from the strict application of any provision of the construction code shall be granted by the authority having jurisdiction unless it finds all of the following: (1) That an individual reason exists that in this instance renders compliance with the strict letter of the construction code impractical; (2) The modification will be consistent with the intent and purpose of the construction code; and (3) That the granting of the modification will not lessen health, accessibility, life and fire safety, or structural requirements. SUPP. 9 (1-2021) 5-9