Plumbing Code: General Rules, Permits, and Enforcement

Chapter 1 of the Uniform Plumbing Code is deleted in its entirety and replaced with the following: 101.0 General. 101.1 Title. This document must be known as the Plumbing Code, may be cited as such, and will be referred to in this ordinance as "this code." 101.2 Scope. The provisions of this code apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of plumbing systems within this jurisdiction. This code must not apply to the following plumbing work: (1) In factory-built housing manufactured and certified in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, and related federal regulations. All factory-built homes installed within the County must bear the label of certification by the manufacturer verifying that the factory-built home complies with all applicable federal construction and safety standards. Any changes or additions to the factory-built dwelling plumbing installation, including the installation of a new fixtures and water and wastewater connections must require a permit and be subject to this code. (2) In buildings or premises for any federal, state, or county governmental agency, if the agency requests an exemption in writing. (3) In a right-of-way owned or maintained by any federal, state, or county governmental agency, or work involving existing or proposed municipal storm drainage, sanitary drainage, or water systems. (4) On property that is designated as Hawaiʻian home lands. (5) For plumbing delivering non-potable water not intended for human consumption or use, except that plumbing regulated by chapters 15 and 16 of this code must not be considered exempt under this provision and must comply fully with all provisions of this code. (6) For irrigation, fire control, and other similar systems approved by the Authority Having Jurisdiction utilizing potable water, except that an appropriate backflow prevention device is installed between the potable water system and the exempted system. The installation of the backflow prevention device must not be considered exempt under this provision and must comply fully with all provisions of this code. (7) Plumbing systems for temporary construction toolsheds, jobsite offices, or similar on the same property where construction is occurring under a valid building or grading permit, except that connections to water and sewer services must require a permit. (8) Plumbing work, excluding gas piping and gas appliances, for special events, as long as the plumbing work is performed by a licensed plumbing contractor, and the plumbing installation is immediately removed upon conclusion of the special event. (9) Installation, repair, or replacement of portable plumbing appliances or equipment. 101.3 Purpose. This code is an ordinance providing minimum requirements and standards for the protection of the public health, safety, and welfare. 101.4 Unconstitutional. Where a section, subsection, sentence, clause, or phrase of this code is, for a reason, held to be unconstitutional, such decision must not affect the validity of the remaining portions of this code. The legislative body declares that it would have passed this code, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, and phrases are declared unconstitutional. 101.5 Validity. Where a provision of this code, or the application of this code to a person or circumstance, is held invalid, the remainder of the code, or the application of the provision to other persons or circumstances, must not be affected. 102.0 Applicability. 102.1 Conflicts Between Codes. If there are two or more conflicting provisions in this code, or conflict between this code and any other ordinance, statute, rule, or standard covering the same subject matter, the provisions that provides the greater safety to life, property, or public welfare, as determined by the authority having jurisdiction, must prevail. 102.2 Existing Installations. Plumbing systems lawfully in existence at the time of the adoption of this code must be permitted to have their use, maintenance, or repair continued where the use, maintenance, or repair is in accordance with the original design and location and no hazard to life, health, or property has been created by such plumbing system. 102.3 Maintenance. The plumbing and drainage system, both existing and new, of a premises under the Authority Having Jurisdiction must be maintained in a sanitary and safe operating condition. Devices or safeguards required by this code must be maintained in accordance with the code edition under which installed. The owner or the owner's designated agent must be responsible for maintenance of plumbing systems. To determine compliance with this subsection, the Authority Having Jurisdiction must be permitted to cause a plumbing system to be reinspected. 102.4 Additions, Alterations, Renovations, or Repairs. Additions, alterations, renovations or repairs must conform to that required for a new system without requiring the existing plumbing system to be in accordance with the requirements of this code. Additions, alterations, renovations, or repairs must not cause an existing system to become unsafe, insanitary, or overloaded. Additions, alterations, renovations, or repairs to existing plumbing installations must comply with the provisions for new construction, unless such deviations are found to be necessary and are first approved by the Authority Having Jurisdiction. 102.4.1 Building Sewers and Drains. Existing building sewers and building drains must be permitted to be used in connection with new buildings or new plumbing and drainage work where they are found on examination and test to be in accordance with the requirements governing new work, and the proper Authority Having Jurisdiction must notify the owner to make changes necessary to be in accordance with this code. No building, or part of a building, may be erected or placed over a part of a drainage system that is constructed of materials other than those approved elsewhere in this code for use under or within a building. 102.4.2 Openings. Openings into a drainage or vent system, excepting those openings to which plumbing fixtures are properly connected or that constitute vent terminals, must be permanently plugged or capped in an approved manner, using the appropriate materials in accordance with this code. 102.5 Health and Safety. Where compliance with the provisions of this code fails to eliminate or alleviate a nuisance, or other dangerous or insanitary condition that involves health or safety hazards, the owner or the owner's agent must install such additional plumbing and drainage facilities or must make such repairs or alterations as ordered by the Authority Having Jurisdiction. 102.6 Changes in Building Occupancy. Plumbing systems that are a part of a building or structure undergoing a change in use or occupancy, as defined in the building code, must be in accordance with the requirements of this code that are applicable to the new use or occupancy, unless deviations are approved by the Authority Having Jurisdiction. 102.7 Moved Structures. Parts of the plumbing system of a building or part of a building that is moved from one foundation to another, or from one location to another, must be in accordance with the provisions of this code for new installations and completely tested as prescribed elsewhere in this section for new work, except that walls or floors need not be removed during such test where other equivalent means of inspection acceptable to the Authority Having Jurisdiction are provided. 102.8 Appendices. The provisions in the appendices are intended to supplement the requirements of this code and must not be considered part of this code unless formally adopted as such. 103.0 Duties and Powers of the Authority Having Jurisdiction. 103.1 General. The Authority Having Jurisdiction must be the Authority duly appointed to enforce this code. For such purposes, the Authority Having Jurisdiction must have the powers of a law enforcement officer. The Authority Having Jurisdiction must have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as deemed necessary in order to clarify the application of the provisions of this code. The interpretations, rules, and regulations must comply with the intent and purpose of this code. In accordance with the prescribed procedures and with the approval of the appointing authority, the Authority Having Jurisdiction must be permitted to appoint such number of technical officers, inspectors, and other employees as must be authorized from time to time. The Authority Having Jurisdiction must be permitted to deputize such inspectors or employees as necessary to carry out the functions of the code enforcement agency. The Authority Having Jurisdiction must be permitted to request the assistance and cooperation of other officials of this jurisdiction so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance. 103.2 Liability. The Authority Having Jurisdiction or any other County Officer or employee 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, must not be rendered liable, personally or in their capacity as employees of the County, nor must the County be liable as an entity for damages that may accrue to persons or property as a result of, or by reason of, any act or omission in the discharge of such duties. This code must not be construed to relieve or lessen the responsibility of any person owning, operating, or performing plumbing work or installation from liability for injury or damage to property by any defect in an installation or performance. 103.3 Applications and Permits. The Authority Having Jurisdiction must be permitted to require the submission of plans, specifications, drawings, and such other information in accordance with the Authority Having Jurisdiction, prior to the commencement of, and at a time during the progress of, work regulated by this code. The issuance of a permit upon construction documents must not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said construction documents or from preventing construction operations being carried on thereunder where in violation of this code or of other pertinent ordinance or from revoking a certificate of approval where issued in error. 103.3.1 Licensing. Provision for licensing must be determined by the Authority Having Jurisdiction. 103.4 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Authority Having Jurisdiction has reasonable cause to believe that there exists in a building or upon a premises a condition or violation of this code that makes the building or premises unsafe, insanitary, dangerous, or hazardous, the Authority Having Jurisdiction must be permitted to enter the building or premises at reasonable times to inspect or to perform the duties imposed upon the Authority Having Jurisdiction by this code, except that where the building or premises is occupied, the Authority Having Jurisdiction must present credentials to the occupant and request entry. Where the building or premises is unoccupied, the Authority Having Jurisdiction must first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Where entry is refused, the Authority Having Jurisdiction has recourse to every remedy provided by law to secure entry. Where the Authority Having Jurisdiction must have first obtained an inspection warrant or other remedy provided by law to secure entry, no owner, occupant, or person having charge, care, or control of a building or premises must fail or neglect, after a request is made to promptly permit entry by the Authority Having Jurisdiction for the purpose of inspection and examination under this code. 104.0 Permits. 104.1 Permits Required. It must be unlawful for a person, firm, or corporation to make an installation, alteration, repair, replacement, or remodel a plumbing system regulated by this code except as permitted in Section 104.2, or to cause the same to be done without first obtaining a separate plumbing permit for each separate building or structure. 104.2 Exempt Work. A permit must not be required for the following: (1) The stopping of leaks in drains, soil, waste, or vent pipe, except, however, that a trap, drain pipe, soil, waste, or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same must be considered as new work and a permit must be procured and inspection made as provided in this code. (2) The clearing of stoppages, including the removal and reinstallation of water closets, or the repairing of leaks in pipes, valves, or fixtures, if the repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. (3) Replacement of existing plumbing fixtures at original locations, including replacement and minor realignment of exposed plumbing lines associated with replacement work, where no plumbing within structure walls, floors, foundations or similar are impacted. (4) Emergency plumbing work by a person to whom a permit may be issued, except that an application for a permit for the work must be submitted no later than five business day following the commencement of the work. Exemption from the permit requirements of this code must not be deemed to grant authorization for work to be done in violation of the provisions of the code or other laws or ordinances of this jurisdiction. 104.3 Application for Permit. To obtain a permit, the applicant must first file an application therefore in writing on a form furnished by the Authority Having Jurisdiction for that purpose. The Authority Having Jurisdiction may accept electronic applications, documents, signatures, stamps, submittals, and similar items necessary for processing of the permit. 104.3.1 Construction Documents. Construction documents, engineering calculations, diagrams, and other data must be submitted as required by the Authority Having Jurisdiction. The construction documents, computations, and specifications must be prepared by, and the plumbing designed by, a registered design professional. Construction documents must be drawn to scale with clarity to identify that the intended work to be performed is in accordance with the code. Exception: The Authority Having Jurisdiction must be permitted to waive the submission of construction documents, calculations, or other data or the requirement for a registered design professional where the Authority Having Jurisdiction finds that the nature of the work applied for is such that reviewing of construction documents or preparation by a registered design professional is not necessary to obtain compliance with the code. 104.3.2 Time Limitation of Application. Applications for which no permit is issued within one hundred eighty days following the date of application must expire by limitation, plans and other data submitted for review thereafter, must be returned to the applicant or destroyed by the Authority Having Jurisdiction. The Authority Having Jurisdiction must be permitted to exceed the time for action by the applicant for a period not to exceed one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application must be extended more than once. In order to renew action on an application after expiration, the applicant must resubmit plans. 104.4 Permit Issuance. The application, construction documents, and other data filed by an applicant for a permit must be reviewed by the Authority Having Jurisdiction. The plans must be permitted to be reviewed by other departments of this jurisdiction to verify compliance with applicable laws under their jurisdiction. Where the Authority Having Jurisdiction finds that the work described in an application for permit and the plans, specifications, and other data filed therewith are in accordance with the requirements of the code and other pertinent laws and ordinances, and that the fees specified in Section 104.5 have been paid, the Authority Having Jurisdiction must issue a permit therefore to the applicant. Review by the Authority Having Jurisdiction must be completed within thirty days of submitting an application that has been deemed complete. If the Authority Having Jurisdiction fails to review and approve or deny the completed application within this time period, the application must be deemed approved. 104.4.1 Approved Plans or Construction Documents. Where the Authority Having Jurisdiction issues the permit where plans are required, the Authority Having Jurisdiction must endorse in writing or stamp the construction documents "APPROVED." The approved construction documents must not be changed, modified, or altered without authorization from the Authority Having Jurisdiction, and the work must be done in accordance with approved plans. 104.4.2 Validity of Permit. The issuance of a permit or approval of construction documents must not be construed to be a permit for, or an approval of, a violation of the provisions of this code or other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code is valid. The issuance of a permit based upon plans, specifications, or other data must not prevent the Authority Having Jurisdiction from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder where in violation of this code or of other ordinances of this jurisdiction. 104.4.3 Expiration. Every permit issued by the Authority Having Jurisdiction under this code must expire and be deemed void if the initial inspection required by this code is not approved within one year from the date of issuance of the permit. If a permit expires before work is completed, a new permit must be obtained and the permittee must pay a new permit fee. Once the initial inspection is approved, the permit must be valid for a period of five years from the date of issuance. In no event must a permit remain active longer than five years from the date of issuance of the permit. 104.4.4 Extensions. Any permittee with an unexpired permit may request an extension of time to obtain approval of the initial inspection required by this code. The Authority Having Jurisdiction may extend the deadline for the initial inspection approval only once, and for a period not to exceed one year. 104.4.5 Suspension or Revocation. The Authority Having Jurisdiction must be permitted to, in writing, suspend or revoke a permit issued under the provisions of this code where the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinance or regulation of the jurisdiction. 104.4.6 Retention of Plans. One set of approved construction documents and computations must be retained by the Authority Having Jurisdiction until final approval of the work. One set of approved construction documents, computations, and manufacturer's installation instructions must be returned to the applicant, and said set must be kept on the site of the building or work at times during which the work authorized is in progress. Exception: The Authority Having Jurisdiction may retain construction documents, calculations, and other related items in electronic form. 104.4.7 Cancellation. Permits may be canceled when requested in writing, subject to the approval of the Authority Having Jurisdiction. If the project has commenced, the Authority Having Jurisdiction may require a new permit application prior to cancellation of the original permit, to ensure continuation of the permitted work and responsibility for the permitted work. 104.4.8 Transfer of Permits. The permittee may transfer a valid permit to a new permittee with approval of the Authority Having Jurisdiction. The transferee must submit a new permit application and must pay a fee for the transfer of the permit, as set forth in the annual budget ordinance. 104.4.9 Building Permit Required. Whenever a building permit is required, the plumbing permit for the above ground building plumbing must not be issued until a valid building permit has first been issued for the project. This provision must not restrict the issuance of plumbing permits for sitework and other plumbing located under or outside the limits of the structure. 104.5 Fees. Fees as set forth in the annual budget ordinance must be paid to the County before issuance of any plumbing permit. 104.5.1 Work Commencing Before Permit Issuance. Where work for which a permit is required by this code has been commenced without first obtaining said permit, the permit fee must be as set forth in the annual budget ordinance. 104.5.2 Exemptions. (1) No permit fee must be charged for County projects or projects that are funded in whole or in part by the County, and the director of the department responsible for the release of the County funds must certify that the project qualifies for this exemption. (2) A residential workforce housing unit, as defined in section 2.96.020 , Maui County Code, must be assessed 50 percent of the permit fee. Units in a residential development in which 100 percent of the units qualify as residential workforce housing units, as defined in section 2.96.020 , Maui County Code, must be exempt from the permit fee. 104.5.3 Fee Refunds. The Authority Having Jurisdiction must be permitted to authorize the refunding of a fee as follows: (1) The amount paid hereunder that was erroneously paid or collected. (2) Fifty percent of the permit fee when no work has commenced, and the permit has not expired. 104.6 Persons To Whom Permits May Be Issued. A permit may be issued to: (1) A contractor licensed to perform plumbing work within the scope of the contractor's specialty classification, under chapter 444, Hawaiʻi Revised Statutes, as amended. (2) A County agency with a designated master plumber or journey worker plumber for work related to County projects. (3) A master plumber or a journey worker plumber who is applying for a permit for plumbing work on a dwelling owned by the master plumber or journey worker plumber. 104.7 Reconstruction of Plumbing Damaged in Disasters or Civil Defense Emergencies. When reconstruction of a structure damaged by a disaster or civil defense emergency, recognized by the governor under chapters 127 or 128, Hawaiʻi Revised Statutes, is allowed under the building code, associated plumbing may also be reconstructed under the emergency reconstruction building permit, as allowed by the Authority Having Jurisdiction. Plumbing must be constructed per the plumbing code and must be properly inspected. 105.0 Inspections and Testing. 105.1 General. Plumbing systems for which a permit is required by this code must be inspected by the Authority Having Jurisdiction. No plumbing system or portion of a plumbing system may be covered, concealed, or put into use until inspected and approved as prescribed in this code. Neither the Authority Having Jurisdiction nor the jurisdiction must be liable for expense entailed in the removal or replacement of material required to permit inspection. Plumbing systems regulated by this code must not be connected to the water, the energy fuel supply, or the sewer system until authorized by the Authority Having Jurisdiction. 105.2 Required Inspections. New plumbing work and such portions of existing systems as affected by new work, or changes, must be inspected by the Authority Having Jurisdiction to ensure compliance with the requirements of this code and to ensure that the installation and construction of the plumbing system is in accordance with approved plans. The Authority Having Jurisdiction must make the following inspections and other such inspections as necessary. The permittee or the permittee's authorized agent must be responsible for the scheduling of such inspections as follows: (1) Underground inspection must be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. (2) Rough-in inspection must be made prior to the installation of wall or ceiling membranes. (3) Final inspection must be made upon completion of the installation. 105.2.1 Uncovering. Where a drainage or plumbing system, building sewer system, private sewage system, or disposal system, or a part of such a system, that is installed, altered, or repaired, is covered or concealed before being inspected, tested, and approved as prescribed in this code, it must be uncovered for inspection after notice to uncover the work has been issued to the responsible person by the Authority Having Jurisdiction. The requirements of this section must not be considered to prohibit the operation of plumbing installed to replace existing equipment or fixtures serving an occupied portion of the building in the event a request for inspection of the equipment or fixtures has been filed with the Authority Having Jurisdiction not more than seventy-two hours after such replacement work is completed, and before a portion of such plumbing system is concealed by a permanent portion of the building. 105.2.1.1 Water Supply System. No water supply system or portion of a water supply system may be covered or concealed until it first has been tested, inspected, and approved. 105.2.1.2 Covering or Using. No plumbing or drainage system, building sewer system, or private sewer disposal system, or a part of such a system, must be covered, concealed, or put into use until it has been tested, inspected, and accepted as prescribed in this code. 105.2.2 Other Inspections. (1) In addition to the inspections required by this code, the Authority Having Jurisdiction must be permitted to require other inspections to ascertain compliance with the provisions of this code and other laws that are enforced by the Authority Having Jurisdiction. (2) Miscellaneous Inspections. For an inspection of plumbing work not specified in this code or not associated with a permit, the person requesting the inspection must pay a fee as set forth in the annual budget ordinance for each hour, or increment of an hour, for inspection, research and processing of the request. All miscellaneous inspections must be charged a minimum of two hours. (3) Unscheduled inspections outside normal business hours, or at distant locations. The permittee may request plumbing inspections outside normal business hours, or at distant locations, including Hana, Molokai, and Lanai, earlier than regularly scheduled, subject to the availability of inspectors and transportation, and approval of the director. The request must be made at least forty-eight hours prior to the requested inspection time. The permittee must reimburse the County for any additional cost incurred by the County to perform the requested inspection. The cost reimbursement may include: employee overtime pay; air fare; travel per diem; meal allowance; automobile rental; employee fringe benefits; and administrative costs. Exemptions: (a) Exemption for adult residential care homes. When inspection of an adult residential care home is required under Chapter 11-100.1, Hawaiʻi Administrative Rules, as amended, no fee may be charged for an inspection. (b) Exemption for licensing of day care centers. When inspection of a day care center is under Chapter 17-1424, Hawaiʻi Administrative Rules, as amended, no fee may be charged for an inspection. 105.2.3 Inspection Requests. It is the duty of the person doing the work authorized by a permit to notify the Authority Having Jurisdiction that the work is ready for inspection. The Authority Having Jurisdiction is permitted to require that a request for inspection be filed not less than two working days before the inspection is desired. The request must be submitted on the appropriate form or in the appropriate manner, at the option of the Authority Having Jurisdiction. It is the duty of the person requesting inspections in accordance with this code to provide access to and means for inspection of such work. 105.2.4 Responsibility. It is the duty of the holder of a permit to make sure that the work will stand the test prescribed before giving the notification. The equipment, material, and labor necessary for inspection or tests must be furnished by the person to whom the permit is issued or by whom inspection is requested. 105.2.5 Reinspections. A reinspection fee must be permitted to be assessed for each inspection or reinspection where such portion of work for which inspection is called is not complete or where required corrections have not been made. This provision must not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to be in accordance with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees must be permitted to be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. To obtain reinspection, the applicant must pay the reinspection fee as set forth in the annual budget ordinance. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 105.2.6 Work Concealed Without Inspections. When plumbing work has been concealed before inspection and the director has determined that it is impractical to re-expose such plumbing work, the property owner may, subject to the approval of the Authority Having Jurisdiction, submit a certificate, from the responsible plumbing contractor or a mechanical engineer, certifying that all plumbing work done without inspection complies with this code, and submit a unilateral hold harmless agreement executed by the property owner, agreeing to defend, indemnify, and hold harmless the County from any claim for loss, liability, or damage arising from the issuance of the plumbing permit, and pay a fee as set forth in the annual budget ordinance. The certificate must be in a form acceptable to the director, and the hold harmless agreement must be in a form acceptable to the corporation counsel. The hold harmless agreement must be recorded with the bureau of conveyances or the land court, State of Hawaiʻi. The property owner or permittee must pay for all recordation fees and other applicable fees. Upon receiving an acceptable certificate and copy of the fully executed and recorded hold harmless agreement, and payment of applicable fees and fines, if any, the director may approve the plumbing work. 105.3 Testing of Systems. Plumbing systems must be tested and approved in accordance with this code or the Authority Having Jurisdiction. Tests must be conducted in the presence of the Authority Having Jurisdiction or the Authority Having Jurisdiction's duly appointed representative, unless otherwise approved by the Authority Having Jurisdiction. No test or inspection must be required where a plumbing system, or part of a plumbing system, is set up for exhibition purposes and has no connection with a water or drainage system. In cases where it would be impractical to provide the required water or air tests, or for minor installations and repairs, or when otherwise deemed appropriate, the Authority Having Jurisdiction must be permitted to make such inspection as deemed advisable in order to be assured that the work has been performed in accordance with the intent of this code. Joints and connections in the plumbing system must be gastight and watertight for the pressures required by the test. 105.3.1 Defective Systems. An air test must be used in testing the sanitary condition of the drainage or plumbing system of building premises where there is reason to believe that it has become defective. In buildings or premises condemned by the Authority Having Jurisdiction because of an insanitary condition of the plumbing system, or part of a plumbing system, the alterations in such system must be in accordance with the requirements of this code. 105.3.2 Retesting. Where the Authority Having Jurisdiction finds that the work will not pass the test, necessary corrections must be made, and the work must be resubmitted for test or inspection. 105.3.3 Approval. Where prescribed tests and inspections indicate that the work is in accordance with this code, a certificate of approval must be issued by the Authority Having Jurisdiction to the permittee on demand. 105.4 Connection to Service Utilities. No person must make connections from a source of energy or fuel to a plumbing system or equipment regulated by this code and for which a permit is required until approved by the Authority Having Jurisdiction. No person must make connection from a water supply line or connect to a sewer system regulated by this code and for which a permit is required until approved by the Authority Having Jurisdiction. The Authority Having Jurisdiction must be permitted to authorize temporary connection of the plumbing equipment to the source of energy or fuel for the purpose of testing the equipment. 106.0 Violations and Penalties. 106.1 General. It must be unlawful for a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain plumbing or permit the same to be done in violation of this code. The owner of property with plumbing in violation of this code must also be responsible for all violations. 106.2 Notices of Correction or Violation. Notices of correction or violation must be written by the Authority Having Jurisdiction and must be in accordance with administrative rules and section 19.530.030 , Maui County Code. Refusal, failure, or neglect to comply with such notice or order, must be considered a violation of this code and must be subject to the penalties set forth by the governing laws of the jurisdiction. 106.3 Penalties. A person, firm, or corporation violating a provision of this code must be punishable by a fine set forth by the governing laws and rules of the jurisdiction. Each separate day or portion of a day during which a violation of this code occurs or continues is a separate offense. 106.4 Stop Orders. Where work is being done contrary to the provisions of this code, the Authority Having Jurisdiction must be permitted to order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons must forthwith stop work until authorized by the Authority Having Jurisdiction to proceed with the work. A written stop work order must be permitted to be posted at the site of the work, mailed, or delivered to the permittee or their authorized representative. 106.5 Authority to Disconnect Utilities in Emergencies. The Authority Having Jurisdiction must have the authority to disconnect a plumbing system to a building, structure, or equipment regulated by this code in case of emergency where necessary to eliminate an immediate hazard to life or property. 106.6 Authority to Condemn. Where the Authority Having Jurisdiction ascertains that a plumbing system or portion of a plumbing system, regulated by this code, has become hazardous to life, health, or property, or has become insanitary, the Authority Having Jurisdiction must order in writing that such plumbing either be removed or placed in a safe or sanitary condition. The order must fix a reasonable time limit for compliance. No person must use or maintain defective plumbing after receiving such notice. Where such plumbing system is to be disconnected, written notice must be given. In cases of immediate danger to life or property, such disconnection must be permitted to be made immediately without such notice. 107.0 Variances and Appeals. 107.1 Variances. The board of variances and appeals must hear and determine all variance requests. A variance from the provisions of this code may be granted if the board of variances and appeals finds: (1) That the strict application, operation, or enforcement of the code provision appealed from would result in practical difficulty or unnecessary hardship to the applicant; (2) That the variance would not be detrimental to the public health, safety, or welfare; (3) That the variance would not be injurious to adjoining lots and the buildings thereon; and (4) That the variance would not be contrary to the purposes of this code and the public interest. 107.2 Appeals. (1) Any person desiring to use materials, methods, standards, or procedures of construction other than as specified by this code may appeal to the Authority Having Jurisdiction for approval, and such appeal may be approved if the Authority Having Jurisdiction believes the general intent of this code will be met. (2) The board of variances and appeals must hear and determine all appeals alleging error from any person aggrieved by a decision of the Authority Having Jurisdiction in the administration of this code. The board may grant an appeal only if it finds one of the following: (a) That the subject decision or order was based on an erroneous finding of material fact or erroneously applied the law; (b) That the subject decision or order was arbitrary and capricious in its application; or (c) That the subject decision or order was a manifest abuse of discretion. ( Ord. No. 5383 , §§ 2, 3, 2022)