HomeMy WebLinkAboutBIL 117 Draft 01 2010-2012COUNTY 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,
waste or vent pipe be or become defective and it becomes necessary to remove and replace
the same with new material in any part or parts, the same shall be considered as such new
work and a permit shall be procured and inspection made as provided in this code. No
permit shall be required for the clearing of stoppages or the repairing of leaks in pipes,
valves, or fixtures, when such repairs do not involve or require the replacement or
rearrangement of valves, pipes, or fixtures.
(b) No permit shall be required in the case of any replacement work for the following: the
replacement or repair of disposals, faucets and fixtures, to include sinks[;] and water closets1
for non - commercial [residents] residential and [the] County government occupancies only.
Permits however shall be required when such repairs do involve or require the replacement
or rearrangement of valves or pipes. All repair or replacement work shall be done by
licensed plumbers in accordance with section 444, [Hawai'i] Hawai`i Revised Statutes."
SECTION 3. Ordinance No. 11 -70 is amended by amending SECTION 5 to read as
follows:
"SECTION 5. Chapter 17, article 2, division 2, section 17 -19 of the Hawai`i County
Code 1983 (2005 Edition, as amended) is amended to read as follows:
Section 17 -19. [llefund&] Amnesty period.
[Refunds for permits shall be made in accordance with section 2 12 of the Hawai`i
County Code.]"
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored.
SECTION 6. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 399
INTRODUCED BY:
COUNCIL MEMBE
2
UNTY OF HAWAII