ORD 2021-061 2020-2022 - Laserfiche WebLink

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Section 5B-1-3. Scope; exceptions. This chapter shall apply to the design, construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with this code where provided with a residential fire sprinkler system complying with, chapter 26, the Hawai`i County fire code: 1. Live/work units located in townhouses and complying with the requirements of Section 419, "Live/Work Units" of the International Building Code as adopted by chapter 5A, the building code. 2. Owner-occupied lodging houses with five or fewer guestrooms. 3. A care facility with five or fewer persons receiving custodial care within a dwelling unit. 4. A care facility with five or fewer persons receiving medical care within a dwelling unit. 5. A care facility for five or fewer persons receiving care that are within a single- family dwelling. Section 5B-1-4. Administrative provisions. Provisions relating to permitting, enforcement, inspection, and other administrative procedures pertaining to this chapter are contained in chapter 5, the construction administrative code. Section 5B-1-5. Existing buildings. (a) Permitted buildings in existence at the time of the adoption of this chapter may have their existing permitted use or occupancy continued if such use or occupancy was legal at the time of the adoption of this chapter, provided such continued use does not constitute a hazard to the general safety and welfare of the occupants and the public. (b) Alteration, repair, addition, and change of occupancy. Alteration, repair, addition, and change of occupancy to a building or structure in existence at the time of the adoption of this chapter shall comply with the requirements of the existing building code, chapter 5C, Hawai`i County Code. Section 5B-1-6. Definitions. 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. 2