BIL 117 Draft 01 2010-2012 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 117 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 11 -70, WHICH AMENDS CHAPTER 17 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PLUMBING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 11 -70 is amended by amending SECTION 3 to read as follows: "SECTION 3. Chapter 17, article 2, division 1, section 17 -13 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: Section 17 -13. Nonliability of the County or its employee for damages. (a) This chapter shall not be construed to relieve from or lessen the responsibility of such person owning, operating or installing any plumbing, gas, or drainage systems for damages to anyone injured by any defect therein. (b) Neither the County nor any department, board, commission, officer, employee, or the [administrative authority] authority having jurisdiction shall be held liable or responsible for any damage or injury caused by or resulting from the issuance of any permit issued, or any inspection or approval or issuance of a certificate of inspection, made under the provisions of this chapter. (c) The authorized personnel charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance 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 this code or other pertinent laws or ordinances implemented through the enforcement of this code shall be defended by the County until final termination of such proceedings, and any judgment resulting there shall be assumed by the County." SECTION 2. Ordinance No. 11 -70 is amended by amending SECTION 4 to read as follows: "SECTION 4. Chapter 17, article 2, division 2, section 17 -16 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: Section 17 -16. Work not requiring permit. (a) No permit shall be required in the case of any repair work as follows: the stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap, drainpipe, soil,