Definitions for construction and building rules

As used in this chapter, unless it is apparent from the context that a different meaning is intended: “Accessory structure” means a structure not greater than 3,000 square feet (279 m2) in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling and which is located on the same lot. SUPP. 11 (1-2022) 5-2 CONSTRUCTION ADMINISTRATIVE CODE § 5-1-5 “Agricultural building” means a development, including a nonresidential building or structure, built for agricultural or aquacultural purposes, located on a commercial farm or ranch constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or supplies, livestock, poultry, or other agricultural or aquacultural products, used in or necessary for the operation of the farm or ranch, or for the processing and selling of farm or ranch products. An agricultural building for personal use shall be excluded from this definition. “Architect” means a person who is licensed and in good standing as an architect in the State of Hawai‘i. “Authority having jurisdiction” means the director of the department of public works, or the director’s authorized representative. “Building” means any structure used or intended for supporting or sheltering any use or occupancy. The term shall include but not be limited to, any structure mounted on wheels such as a trailer, wagon, or vehicle which is parked and stationary for any 24- hour period, and is used for business or living purposes; provided, however, that the term shall not include a push cart or push wagon which is readily movable and which does not exceed 25 square feet in area, nor shall the term include a trailer or vehicle, used exclusively for the purpose of selling any commercial product therefrom, which hold a vehicle license and actually travels on public or private streets. To the extent context otherwise permits and/or requires, the definitions of “building” as used in chapters: 5A, the building code; 5B, the residential building code; 5C, the existing building code; 5D, the electrical code; 5E, the energy conservation code; and 5F, the plumbing code; are incorporated by reference herein. “Building work” means the design, construction, alteration, relocation, enlargement, replacement, repair, removal, demolition of any building or structure, or any other activities regulated by this chapter. “Construction code” means collectively: chapter 5, the construction administrative code; chapter 5A, the building code; chapter 5B, the residential building code; chapter 5C, the existing building code; chapter 5D, the electrical code; chapter 5E, the energy conservation code; chapter 5F, the plumbing code; and all administrative rules adopted pursuant to these chapters. “Director” means the director of public works of the County of Hawai‘i or the director’s duly authorized representative. “Dwelling” means any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. “Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. “Electrical wiring” means any conduit, raceway, manhole, handhole, conductor, material, device, fitting, apparatus, appliance, fixture, or equipment constituting a part of or connected to any electrical installation, attached or fastened to any building, structure, or premises and which installation or portion thereof is designed, intended, or used to generate, transmit, transform, or utilize electrical energy within the scope and purpose of the National Electrical Code. 5-3 SUPP. 11 (1-2022) “Electrical work” means the installation, alteration, reconstruction, or repair of electrical wiring. “Engineer” means a person who is licensed and in good standing as a professional engineer in the State of Hawai‘i. “Existing building” means a building erected prior to the effective date of this chapter, or one for which a legal permit has been issued. “Existing structure” means a structure erected prior to the effective date of this chapter, or one for which a legal permit has been issued. “Factory-built home” means a dwelling or dwelling unit, any structure or portion thereof, which is either entirely prefabricated or assembled at a place other than the building site. “International building code” means the International Building Code published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL, 60478-5795, including appendices, as adopted in chapter 5A. “Multi-family dwelling” means any building that contains more than two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. “Owner” means any individual, firm, partnership, association, or corporation, its or their successors or assigns, according to the context thereof as owners or lessees of property. “Owner-builder” means owners or lessees of property who build or improve buildings or structures on their property for their own use, or for use by their immediate family. This definition shall not preempt owner-builder by exemption as defined by section 444-2.5, Hawai‘i Revised Statutes. “Permit” means a formal authorization issued by the authority having jurisdiction that authorizes performance of specified work, pursuant to the construction code, including the following chapters and all administrative rules adopted pursuant to the following chapters: (1) 5, the construction administrative code; (2) 5A, the building code; (3) 5B, the residential building code; (4) 5C, the existing building code; (5) 5D, the electrical code; (6) 5E, the energy conservation code; and (7) 5F, the plumbing code. “Person” means any individual, firm, partnership, association, or corporation; or its or their successors or assigns, according to the context thereof. “Plumbing work” means the design, installation, alteration, construction, reconstruction, or repair of plumbing, gas, and drainage systems. “Portable appliances” means any cord/plug connected device that is readily movable. “Regulatory inspection” means an inspection that is requested to satisfy the requirements of laws that are other than the construction code and that relate to health, safety, or public welfare. SUPP. 17 (1-2025) 5-4 CONSTRUCTION ADMINISTRATIVE CODE § 5-1-5 “Responsible party” means, at a minimum, the owner of a building, structure, portion thereof, or installation. “Responsible parties” may also include, but shall not be limited to any lessee or tenant of the building, structure, or portion thereof, and the owner of the property where the building, structure, or portion thereof, or installation is located. “Special inspection” means an inspection of the materials, installation, fabrication, erection or placement of components and connections requiring special expertise to ensure compliance with approved construction documents and referenced standards. “Structure” means that which is built or constructed. (2020, ord 20-61, sec 2; am 2021, ord 21-61, secs 5-7; am 2024, ord 24-45, sec 1.) 5-1-5