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"Building" means any structure used or intended for supporting or <br /> sheltering any use or occupancy.The term shall include but not be limited <br /> to, any structure mounted on wheels such as a trailer,wagon, or vehicle <br /> which is parked and stationaryfor any 24- hour period, and is used for <br /> business or living purposes, provided, however,thatthe term shall not <br /> Include a push cart or push wagon which is readily movable and which <br /> does not exceed 25 square feet in area, nor shall the term include a trailer <br /> or vehicle, used exclusively forthe purpose of selling any commercial <br /> product therefrom, which hold a vehicle license and actually travels on <br /> public or private streets. <br /> They meetthe definition of a Building. <br /> ALOHA. <br /> KELLY WILSON - DEPUTY BUILDING CHIEF <br /> COUNTY OF DEPARTMENT OF PUBLIC WORKS <br /> HAWAII BUILDING, DIVISION <br /> Appellant asked whether the email constituted the"final decision and order" of DPW for <br /> purposes of an appeal. In response, the DPW confirmed its decision and provided additional <br /> clarification on the Denial: <br /> Yes,the definition is per HCC section 5-1-5. <br /> Application for building Permit is required. <br /> ALOHA. <br /> KELLY WILSON - DEPUTY BUILDING CHIEF <br /> COUNTY OF DEPARTMENT OF PUBLIC WORKS <br /> HAWAII BUILDING DIVISION <br /> V. LEGAL STANDARD <br /> The BOA has the power to reverse a decision by the Director if the BOA finds that the <br /> decision is: <br /> (1) In violation of the Code or other applicable law; or <br /> (2) Clearly erroneous in view of the reliable,probative, and substantial evidence on the <br /> whole record; or <br /> (3)Arbitrary, or capricious, or characterized by an abuse of discretion or clearly <br /> unwarranted exercise of discretion. See Hawaii County Board of Appeals Rule of <br /> Practice and Procedure § 8-15. <br /> 6 <br /> 4870-8058-9647.4.071717-00001 <br />