HAR §15-319-54
HAR §15-319-54. Indemnification
Cite as Haw. Code R. § 15-319-54
The consumer
covenants that it will indemnify and hold the
corporation and the State of Hawaii harmless from and
against all liability, loss, damage, expense suits,
claims, demands, and costs (including court costs,
attorney's fees, and costs of investigation) arising
or alleged to arise out of the failure or interruption
of water service, where such failure or interruption
has been caused by the acts or omissions of the
consumer with respect to the corporation's water
system or the consumer's supply facilities and other
equipment. [Eff
OCT 2 3 2022.
] (Auth: HRS §201H-4)
(Imp: HRS §201H-9)
§15-319-55 Responsibility for water receiving
equipment.
(a)
The consumer shall, at the consumer's
own risk and expense, furnish, install, and keep in
good and safe condition all equipment that may be
required for receiving, controlling, applying, and
utilizing water, and the corporation will not be
responsible for any loss or damage caused by the
319-27
§15-319-55
improper installation of such equipment, or the
negligence, want of proper care, or wrongful act of
the consumer or any of the consumer's tenants, agents,
employees, contractors, licensees, or permittees, in
installing, maintaining, using, operating or
interfering with any such equipment.
The consumer
shall be responsible for providing separate systems
for potable and non-potable water uses within its
premises when required by the corporation.
(b)
The corporation will not be responsible for
damage caused by spigots, faucets, valves, and other
equipment that may be open when water is turned on at
the meter, either when turned on originally or when
turned on after a temporary shutdown.
(c)
Where a check valve or pressure-reducing
valve is installed on the consumer's cold water supply
line between the main and a hot water storage tank or
heater, or both, there shall be installed on the
consumer's hot water distributing system a suitable
pressure relief valve.
(d)
Water service may be discontinued to any
consumer whose water system includes plumbing fixtures
or water containers in any form, or of any use, that
in the opinion of the corporation may endanger the
corporation's water supply from a public health
standpoint.
Any such discontinuation of water service
shall continue until objectionable installments have
been corrected, the corporation has been assured that
the objectionable uses and practices will not be
resumed, and all reconnection fees have been paid.
[Eff
OCT 2 3 2022 ] (Auth: HRS §201H-4)
(Imp: HRS
§201H-9)