HomeMy WebLinkAboutChapter 05C Existing Building Code
CHAPTER 5C
EXISTING BUILDING CODE*
* Editor’s Note: Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State
building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a
County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an
interim County code.
Article 1. General Provisions.
Section 5C-1-1. Title.
Section 5C-1-2. Purpose.
Section 5C-1-3. Scope; exceptions.
Section 5C-1-4. Administrative provisions.
Section 5C-1-5. Existing buildings.
Section 5C-1-6. Definitions.
Section 5C-1-7. Compliance required.
Section 5C-1-8. Conflict.
Section 5C-1-9. References to model codes.
Article 2. Installation Requirements.
Section 5C-2-1. International existing building code adopted.
Article 3. Reserved
Article 4. Building Work Within Special Flood Hazard Areas.
Section 5C-4-1. General applicability.
Section 5C-4-2. Definitions.
Section 5C-4-3. General requirements.
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E XISTING B UILDING C ODE §5C-1-1
CHAPTER 5C
EXISTING BUILDING CODE*
* Editor’s Note: Pursuant to section 107-28, Hawai‘i Revised Statutes (“HRS”), each County shall amend and adopt the Hawai‘i State
building codes and standards listed in HRS, section 107-25 within two years after adoption by the State Building Code council. If a
County does not amend, adopt, and update a State code within this time frame, the respective State code shall become applicable as an
interim County code.
Article 1. General Provisions.
Section 5C-1-1. Title.
This chapter shall be known as the “existing building code.”
(2021, ord 21-61, sec 2.) 5C-1-1
Section 5C-1-2. Purpose.
The purpose of this chapter is to provide minimum standards to safeguard life or
limb, health, property and public welfare by regulating and controlling the design,
construction, quality of materials, use and occupancy, location and maintenance of
existing buildings and structures within the County and certain equipment specifically
regulated herein.
(2021, ord 21-61, sec 2.) 5C-1-2
Section 5C-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 existing buildings or structures or any appurtenances connected or
attached to buildings or structures.
Exception:
Detached one- and two-family dwellings and multiple single-family dwellings
(townhomes) 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, shall comply with this chapter or chapter 5B, the residential building
code.
(2021, ord 21-61, sec 2.) 5C-1-3
Section 5C-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.
(2021, ord 21-61, sec 2.) 5C-1-4
Section 5C-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.
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(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 this chapter.
(2021, ord 21-61, sec 2.) 5C-1-5
Section 5C-1-6. Definitions.
As used in this chapter, unless it is apparent from the context that a different
meaning is intended:
2
)
“Accessory structure” means a structure not greater than 3,000 square feet (279 m
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.
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E XISTING B UILDING C ODE §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
Section 5C-1-7. Compliance required.
(a) No person shall perform or cause to be performed any building work which does not
comply with the provisions of this code or any permit issued pursuant to this code.
(b) No person shall perform any work covered by this code in violation of the provisions
of chapters 444 or 448E, Hawai‘i Revised Statutes.
(c) Any approval or permit issued pursuant to the provisions of this code shall comply
with all applicable requirements of this code.
(d) The granting of a permit, variance, or approval of plans or specifications pursuant
to this code does not dispense with the necessity to comply with any applicable law
to which a permit holder may also be subject.
(2021, ord 21-61, sec 2.) 5C-1-7
Section 5C-1-8. Conflict.
(a) If any provisions of this code conflict with or contravene provisions of the Hawai‘i
State Building Code or the International Building Code, 2018 Edition, that have
been incorporated by reference, the provisions of this code shall prevail as to all
matters and questions arising out of the subject matter of such provisions.
(b) In situations where two or more provisions of this code and any applicable law,
other than those provided for in subsection (a), cover the same subject matter, the
stricter shall be complied with.
(2021, ord 21-61, sec 2.) 5C-1-8
Section 5C-1-9. References to model codes.
(a) The codes and standards referenced in this code shall be considered to be part of
the requirements of this code to the prescribed extent of each such reference and as
further regulated in section 5C-1-8.
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§ 5C-1-9 H AWAI‘I C OUNTY C ODE
(b) Wherever a model code is referenced in this code, the following shall apply:
(1) The International Building Code shall mean the building code, chapter 5A,
Hawai‘i County Code;
(2) The International Residential Code, shall mean the residential building code,
chapter 5B, Hawai‘i County Code;
(3) The International Existing Building Code, shall mean the existing building
code, chapter 5C, Hawai‘i County Code;
(4) The International Electrical Code shall mean the electrical code, chapter 5D,
Hawai‘i County Code;
(5) The International Energy Conservation Code, shall mean the energy
conservation code, chapter 5E, Hawai‘i County Code;
(6) The International Plumbing Code shall mean the plumbing code, chapter 5F,
Hawai‘i County Code;
(7) The International Fuel Gas Code, the provisions of the International Fuel Gas
Code shall be deemed to be only guidelines and not mandatory;
(8) The International Mechanical Code, the provisions of the International
Mechanical Code shall be deemed to be only guidelines and not mandatory;
(9) The International Property Maintenance Code, the provisions of the
International Property Maintenance Code shall be deemed to be only
guidelines and not mandatory; and
(10) The International Fire Code shall mean the fire code, chapter 26, Hawai‘i
County Code.
Exception:
Where enforcement of a code provision would violate the conditions of the listing of
the equipment of appliance, the condition of the listing shall govern.
(2021, ord 21-61, sec 2.) 5C-1-9
Article 2. Installation Requirements.
Section 5C-2-1. International existing building code adopted.
(a) The “International Existing Building Code, 2018 Edition,” as published by the
International Code Council, Incorporated, 4051 Flossmoor Road, Country Club
Hills, IL 60478, is adopted by reference and made a part of this code, subject to any
amendments set forth in this chapter. Hereinafter, the “International Existing
Building Code, 2018 Edition,” shall be referred to as the “International Existing
Building Code.” The appendices of the International Existing Building Code are not
adopted unless otherwise provided in this chapter.
(b) The scope, technical specifications, and exemptions set forth in the International
Existing Building Code are hereby adopted as the standard for building work
covered by this code, provided there are no specific provisions in any other section
of this code covering the particular matter.
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E XISTING B UILDING C ODE §5C-2-1
(c) A copy of the International Existing Building Code shall be available for public
inspection at the Hilo and Kailua-Kona offices of the department of public works
and at the office of the County clerk.
(d) The International Existing Building Code adopted and incorporated by reference
into this code, shall be subject to the amendments hereinafter set forth.
(1) Chapter 1, Part 1 - “Scope and Administration,” of the International Existing
Building Code is deleted in its entirety.
(2) Chapter 1, Part 2 – “Administration and Enforcement” of the International
Existing Building Code is deleted in its entirety.
(3) Section 202, “Definitions,” of the International Existing Building Code is
amended by adding the following definition:
“FAMILY shall be as defined in the Zoning Code except that a
nursing, care home, or other similar facility with not more than five
patients may be considered a family under this code.”
(4) Section 202, “GENERAL DEFINITIONS,” of the International Existing
Building Code is amended by amending the following definitions to read as
follows:
“BUILDING. 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.”
“CODE OFFICIAL. The director of the County department of public
works, or the director’s authorized representative.”
(5) Subsection 301.5, “Compliance with accessibility,” of the International
Existing Building Code is amended to read as follows:
“301.5 Compliance with accessibility. Accessibility requirements
for existing buildings shall comply with the following:
1. Construction of State or County buildings or facilities shall
comply with Section 103-50 Hawai‘i Revised Statutes.
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§ 5C-2-1 H AWAI‘I C OUNTY C ODE
2. Americans with Disabilities Act Standards for Accessible
Design.
3. Housing and urban development recognized “safe harbors” for
compliance with the Fair Housing Acts design and
construction requirements.
4. Pertinent laws relating with disabilities shall be
administered and enforced by agencies responsible for their
enforcement.
Prior to the issuance of a building permit, the owner (or the owner’s
representative, professional architect, or engineer) shall submit a
statement that all requirements, relating to accessibility for persons
with disabilities, shall be complied with.”
(6) Section 303.3, “Seismic evaluation and design procedures,” is amended by
adding a new subsection 303.3.3, “Pre-engineered bracing of post and pier
foundations” to read as follows:
“303.3.3 Pre-engineered bracing of post and pier foundations.
For conventional light-framed single family residences two stories or
less above grade, seismic bracing retrofits of elevated wood post and
pier foundation systems shall be permitted to be pre-engineered
designs for braces or shear walls constructed in accordance with
FEMA Hazard Mitigation Grant Program DR-1664-HI drawings,
“Structural Seismic Retrofits for Hawaii Single Family Residences
with Post and Pier Foundations, May 2009.”
(7) Section 405.2, “Repairs to damaged buildings” of the International Existing
Building Code, is amended by adding subsections 405.2.1.2, “Walls Without
Studs” and 405.2.1.3, “Boards for Single-Wall Construction” to read as follows:
“Section 405.2.1.2 Walls without studs.
405.2.1.2.1 General. For Type V-B buildings, single-wall construction
without studs may be used in accordance with this section for repairs
to existing buildings of single-wall construction only.
One-story and the uppermost story of wood frame Type V-B buildings
may be of single-wall construction with board thickness specified in
this section, without studs, when requirements of this section are met.
Floor to ceiling height must not exceed 8 feet (2,438 mm).
Any provision of this code to the contrary notwithstanding, studding of
not less than 2-inches by 3-inches (51 mm by 76.2 mm) may be used
on one-story buildings of double-wall construction.
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E XISTING B UILDING C ODE §5C-2-1
When wood-frame dwellings are supported by posts, 2-inch by 4-inch
(51 mm by 102 mm) foundation bracing must be provided.
For one-story conventional residential structures, the local practice of
using foundation blocks with termite shields is acceptable in all areas
except in flood hazard areas and for developments adjacent to
drainage facilities as specified in chapter 27, Hawai‘i County Code.
405.2.1.3 Boards for single-wall construction.
405.2.1.3.1 One and one-eighth inch boards. Single-wall
construction with boards of 1-1/8 inch (28.6 mm) net thickness are not
required to have girts.
405.2.1.3.2 One-inch boards. Where single-wall construction is with
boards of one-inch thickness (25.4 mm), no girt is required, provided
approved stiffeners for any section of such wall are spaced not more
than 10 feet (3048 mm) along the wall.
405.2.1.3.3 Three-fourths-inch boards. Single-wall construction
with boards of 3/4-inch (19.1 mm) net thickness must have girts and
cross partitions at least every 30 feet (9144 mm).
405.2.1.3.4 Approved stiffeners. Approved stiffeners must be studs
at least 2-inches by 4-inches (51 mm by 102 mm), full height window
or door jambs, posts, walls or partitions at right angles to the section
of wall under construction.
405.2.1.3.5 Girts. Girts for single-wall construction must be not less
than 2-inches by 6-inches (51 mm by 152 mm) belt course or other
approved strengthening about mid height between the floor and
ceiling on all exterior walls.
405.2.1.3.6 Complete load path. Blocking, bridging, straps,
approved framing anchors or mechanical fasteners must be designed
and installed to provide continuous ties from the roof to the foundation
system. Sheet metal clamps, ties or clips, must be formed of ASTM
A153 G90 galvanized steel or other approved corrosion-resistant
material of not less than 0.040-inch (1.01 mm) nominal thickness.
Uplift resistance must be in accordance with Table R802.11.”
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§ 5C-2-1 H AWAI‘I C OUNTY C ODE
(8) Subsection 506.4.2, “Snow and wind loads,” of the International Existing
Building Code is amended to read as follows:
“506.4.2 Snow and wind loads. Where a change of occupancy results
in a structure being assigned to a higher risk category, or where the
change is from a Group S or Group U occupancy to any occupancy
other than Group S or Group U, the structure shall satisfy the
requirements of Sections 1608 and 1609 of the Building Code, Chapter
5A, for the new risk category.
Exceptions:
1. Where the area of the new occupancy is less than 10 percent
of the building area, compliance with this section is not
required. The cumulative effect of occupancy changes over
time shall be considered.
2. Where the change is from a Group S or Group U occupancy,
use of 75% of snow and wind forces shall be permitted.”
(9) Subsection 506.4.3, “Seismic loads,” of the International Existing Building
Code is amended to read as follows:
“506.4.3 Seismic loads (seismic force-resisting system). Where a
change of occupancy results in a building being assigned to a higher
risk category, or where the change is from a Group S or Group U
occupancy to any occupancy other than Group S or Group U, the
building shall satisfy the requirements of Section 1613 of the Building
Code, Chapter 5A, for the new risk category using full seismic forces.
Exceptions:
1. Where the area of the new occupancy is less than 10 percent
of the building area, and the new occupancy is not assigned to
Risk Category IV, compliance with this section is not
required. The cumulative effect of occupancy changes over
time shall be considered.
2. Where a change of use results in a building being reclassified
from Risk Category I or II to Risk Category III and the
seismic coefficient, S, is less than 0.33, compliance with this
DS
section is not required.
3. Unreinforced masonry bearing wall buildings assigned to
Risk Category III and to Seismic Design Category A or B,
shall be permitted to use Appendix Chapter A1 of this code.
4. Where the change is from a Group S or Group U occupancy,
use of reduced seismic forces shall be permitted.”
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E XISTING B UILDING C ODE §5C-2-1
(10) Subsection 706.2, “Addition or replacement of roofing or replacement of
equipment,” of the International Existing Building Code is amended to read as
follows:
“706.2 Addition or replacement of roofing or replacement of
equipment. Any existing gravity load-carrying structural element
for which an alteration causes an increase in design dead, live or snow
load, including snow drift effects, of more than 5 percent shall be
replaced or altered as needed to carry the gravity loads required by
the Building Code, Chapter 5A, for new structures.
Exceptions:
1. Buildings of Group R occupancy with not more than five
dwelling or sleeping units used solely for residential purposes
where the altered building complies with the conventional
light-frame construction methods of the Building Code,
Chapter 5A, or the provisions of the Residential Building
Code, Chapter 5B.
2. Buildings in which the increased dead load is due entirely to
the addition of a second layer of roof covering or addition of
2
insulation, weighing 3 pounds per square foot (0.1437 kN/m)
or less over an existing single layer of roof covering.”
(11) Subsection 706.3.2, “Roof diaphragms resisting wind loads in high-wind
regions,” of the International Existing Building Code is amended to read as
follows:
“706.3.2 Roof diaphragms resisting wind loads in high-wind
regions. Where roofing materials are removed from more than 50
percent of the roof diaphragm or section of a building located where
the basic wind speed, V, determined in accordance with Figure
1609.3(1) of the Building Code, Chapter 5A, is greater than 115 mph
(51 m/s) or in a special wind region, as defined in Section 1609 of the
Building Code, Chapter 5A, roof diaphragms, connections of the roof
diaphragm to the roof framing members, and roof-to-wall connections
shall be evaluated for the wind loads specified in the Building Code,
Chapter 5A, including wind uplift. If the diaphragms and connections
in their current condition are not capable of resisting 75 percent of
those wind loads, they shall be replaced or strengthened in accordance
with at least 75 percent of the loads specified in the Building Code,
Chapter 5A.”
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§ 5C-2-1 H AWAI‘I C OUNTY C ODE
(12) Subsection 1006.2, “Snow and wind loads” of the International Existing
Building Code is amended to read as follows:
“1006.2 Snow and wind loads. Where a change of occupancy results
in a structure being assigned to a higher risk category or where the
change is from a Group S or Group U occupancy to any occupancy
other than Group S or Group U, the structure shall satisfy the
requirements of Sections 1608 and 1609 of the Building Code, Chapter
5A, for the new risk category.
Exceptions:
1. Where the area of the new occupancy is less than 10 percent
of the building area, the cumulative effect of occupancy
changes over time shall be considered.
2. Where the change is from a Group S or Group U occupancy,
use of 75% of snow and wind forces shall be permitted.”
(13) Subsection 1006.3, “Seismic loads” of the International Existing Building Code
is amended to read as follows:
“1006.3 Seismic loads. Where a change of occupancy results in a
building being assigned to a higher risk category or where the change
is from a Group S or Group U occupancy to any occupancy other than
Group S or Group U, the building shall satisfy the requirements of
Section 1613 of the Building Code, Chapter 5A, for the new risk
category using full seismic forces.
Exceptions:
1. Where a change of use results in a building being reclassified
from Risk Category I or II to Risk Category III and the
seismic coefficient, SDS, is less than 0.33.
2. Where the area of the new occupancy is less than 10 percent
of the building area and the new occupancy is not assigned to
Risk Category IV. The cumulative effect of occupancy changes
over time shall be considered.
3. Unreinforced masonry bearing wall buildings assigned to
Risk Category III and to Seismic Design Category A or B
shall be permitted to use Appendix Chapter A1 of this code.
4. Where the change is from a Group S or Group U occupancy,
use of reduced seismic forces shall be permitted.”
(2021, ord 21-61, sec 2.) 5C-2-1
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Article 3. Reserved
Article 4. Building Work Within Special Flood Hazard Areas.
Section 5C-4-1. General applicability.
(a) The provisions of this article shall apply to new construction or the renovation and
major alteration, addition, or reinstallation of any existing buildings or structures,
within a special flood hazard area as identified by chapter 27, Hawai‘i County Code.
Such construction work shall comply with chapter 16 of the International Building
Code, and chapter 27, Floodplain Management.
(b) The provisions of this article shall not apply to the following:
(1) Any building or structure exempted from chapter 27;
(2) Any building or structure which has been granted a flood control variance
pursuant to article 5, chapter 27; or
(3) Any building or structure lawfully existing prior to November 8, 1993, subject
to the provisions of chapter 27.
(2021, ord 21-61, sec 2.) 5C-4-1
Section 5C-4-2. Definitions.
As used in this article, unless it is apparent from the context that a different
meaning is intended:
“Base flood elevation” means the water surface elevation of the base flood.
“Flood or flooding” means:
(1) A general and temporary condition of partial or complete inundation of
normally dry land areas from:
(A) The overflow of inland or tidal waters;
(B) The unusual and rapid accumulation or runoff of surface waters from any
source; or
(C) Mudslides (i.e., mudflows) which are approximately caused by flooding as
defined in paragraph (1)(B) of this definition and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas, as
when earth is carried by a current of water and deposited along the path
of the current; or
(2) The collapse or subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a severe storm, or
by an unanticipated force of nature, such as flash flood or an abnormal tidal
surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (1)(A) of this definition.
“Special flood hazard area” means an area having special flood or flood-related
erosion hazards, and shown on the Flood Insurance Rate Maps as Zones A, AO, AE,
A99, AH, VE, or V.
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§ 5C-4-2 H AWAI‘I C OUNTY C ODE
“Water-tight” when referring to construction below the inundation level, means
constructed to exclude moisture and withstand the hydraulic pressure resulting from
the anticipated depth of inundation.
(2021, ord 21-61, sec 2.) 5C-4-2
Section 5C-4-3. General requirements.
Contractor will provide a certified flood zone elevation mark on jobsite for flood
zone elevation reference point.
(2021, ord 21-61, sec 2.) 5C-4-3
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