Definitions for the Existing Building Code

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. “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 structure. “Chapter” means this chapter. “This code” means the existing building code, contained in chapter 5C, or the construction administrative code, contained in chapter 5, or both, as the context requires. “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. “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. “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. SUPP. 11 (1-2022) 5C-2 EXISTING BUILDING CODE § 5C-1-6 “ICC” means the International Code Council. “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. (2021, ord 21-61, sec 2.) 5C-1-6