Section 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.[Eff 2/24/94 am APR 22 2004; comp] (Auth: HRS §§ 200-2, 200-3, 200-12, 200-22, 200-24) (Imp: HRS §§ 200-2, 200-3, 200-12, 200-22, 200-24)