Haw. Code R. § 13-232-43 - Construction or improvements of structures
(a) No building
structure, object, site improvement, landscape treatment, or other facility of
any nature whatsoever shall be erected, constructed, reconstructed, altered,
moved, installed, or demolished at a state boating facility or other property
under the jurisdiction of the division of boating and ocean recreation except
in accordance with a department permit or as provided by a lease or right of
entry issued by the department. All improvements made pursuant to this section,
including those improvements made prior to the effective date of these rules,
shall be constructed, maintained, operated, or modified to comply with the
Environmental Protection Agency's final approved guidelines for best management
practices for marinas and recreational boating, i.e., the "National Management
Measures Guidance to Control Nonpoint Source Pollution from Marinas and
Recreational Boating. EPA, November 2001," or as subsequently amended. The
department may require plans, specifications, and other pertinent data to
accompany or supplement any application.
(b) Upon completion, inspection, and
acceptance of any mooring facilities constructed by others under the provision
of this section, such facilities shall become the property of the State,
provided, however that the State may grant preferential but not exclusive use
of the facility to the permittee for a period that shall not exceed ten years.
The permittee shall maintain the mooring facility while the permit remains in
effect.
(c) The permittee shall,
concurrently with the execution of the permit, deliver to the State a
comprehensive general liability insurance policy or policies, or a certificate
of insurance in lieu thereof, evidencing that such a policy has been issued and
is in force, with minimum limits of not less than $300,000 for bodily injury to
one person and $500,000 for bodily injury to more than one person per
occurrence and $100,000 for damage to property per occurrence. The
specification of limits contained herein shall not be construed in any way to
be a limitation of the liability of the permittee for any injury or damage.
Such insurance shall:
(1) Be issued by an
insurance company or surety company authorized to do business in the State of
Hawaii or approved in writing by the department;
(2) Name the State of Hawaii as an additional
insured;
(3) Provide that the
department of land and natural resources shall be notified at least thirty days
prior to any termination, cancellation, or material change in its insurance
coverage;
(4) Cover all injuries,
losses, or damages arising from, growing out of, or caused by any acts or
omissions of the permittee, its officers, agents, employees, invitees, or
licensees in connection with the permittee's use or occupancy of the premises;
and
(5) Be maintained and kept in
effect at the permittee's own expense throughout the life of the
permit.
(d) The
permittee shall at all times with respect to the premises use due care for
public safety and shall defend, hold harmless, and indemnify the State, its
officers, agents, and employees from and against all claims, demands, or
demands for damages, including claims for property damage, personal injury, or
death:
(1) Arising on the premises, or by
reason of any fire or explosion thereon; or
(2) Arising from, growing out of, or caused
by any act or omission on the part of the permittee, its officers, members,
agents, employees, invitees, or licensees, in connection with the permittee's
use or occupancy of the premises.
Notes
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