Definitions for rescue cost recovery rules

As used in this article the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: (a) “County” means the County of Hawai‘i. (b) “Gross negligence” means conduct which is either intentional or committed under circumstances exhibiting a reckless disregard for the safety of oneself or of others. (c) “Person” means any individual, corporation, association, partnership, firm, trustee, or legal representative. (d) “Recoverable expenses” means those expenses that are reasonable, necessary and allocable to the rescue operation. Recoverable expenses shall not include normal expenditures that are incurred in the course of providing what are traditionally local services and responsibilities, such as routine fire fighting. Expenses allowable for recovery may include, but are not limited to: (1) Materials and supplies acquired, consumed and expended specifically for the purpose of the rescue operation. (2) Compensation of employees for the time and efforts devoted specifically for the purpose of the rescue operation. ADMINISTRATION § 2-167 (3) Rental or leasing of equipment used specifically for the rescue operation such as protective equipment or clothing, scientific and technical equipment, helicopters, boats or bulldozers. (4) Repair costs for equipment owned by the County that is damaged during the rescue operation. (5) Replacement costs for equipment owned by the County that is damaged beyond use or repair, if the equipment was a total loss and the loss occurred during the rescue operation. (6) Special technical services specifically required for the rescue operation such as costs associated with the time and efforts of technical experts or specialists not otherwise provided by the County. (7) Other special services specifically required for the rescue operation. (8) Medical expenses incurred as a result of the rescue operation. (9) Legal expenses that may be incurred as a result of the rescue operation, including efforts to recover expenses pursuant to this article. (e) “Rescue operation” means the effort to free or remove an individual or individuals placed in a situation of distress or peril from any confinement, violence or danger. (1993, ord 93-77, sec 1.)2-167