These regulations shall be known as the “Housing Code of the County of Maui,” may be cited as such, and will be referred to in this chapter as “this code.” (Ord. 1551 § 1 (part), 1986; prior code § 12-6.1 (part))

The purpose of this code is to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings. The provisions of this code shall apply to all habitable buildings, or portions thereof, used, designed or intended to be used, for human habitation within the state of Hawaii, under and by virtue of the provisions of Chapter 61 of the Hawaii Revised Statutes, and all other applicable laws. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.1 (part))

For the purpose of this code, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section:

1. “Accessory building” means a portion of the main building or a detached subordinate building located on the same lot, the use of which is customarily incidental to that of the main building on the same lot. Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as a part of the main building. Accessory building may include any private garage, servants’ quarters, guest house, recreation room, greenhouse, bath house, laundry room, workshop, storage room, shed or other minor structures, but not a business or industrial building.

2. “Agricultural dormitory” means a dwelling structure designed and built exclusively for living quarters for male agricultural workers in rural areas.

3. “Alley” means any public space, public park, or thoroughfare which has been dedicated or deeded to the public for public use.

4. “Apartment” means a dwelling unit as defined in this code.

5. “Apartment house” means any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other in dwelling units as defined in this code.

6. “Approved” means acceptable to the department as being in conformity with the provisions of this code.

7. “Areaway” means an open space below the surface of the ground adjacent to a building and used in connection therewith for access, air and light.

8. “Basement” means that portion of a building between a floor and ceiling, which is partly below and partly above the average of the finished ground level adjacent to the portion of a building, but so located that the vertical distance from the average of the finished ground level to that floor is less than the vertical distance from the average of the finished ground level to that ceiling. (Also see “story”)

9. “Boardinghouse” means any building, group of buildings or portion thereof having ten or more sleeping rooms for hire or rent, and wherein meals are provided by the operator.

10. “Building” means any structure enclosed by a roof or walls serving for the occupancy of person, animals, or chattels.

11. “Ceiling height” means the clear vertical distance from the finished floor to the finished ceiling.

12. “Cellar” means that portion of a building between a floor and ceiling which is wholly or partly below the average of the finished ground level adjacent to that portion of a building, and so located that the vertical distance from the average of the finished ground level to that floor is equal to or greater than the vertical distance from the average of the finished ground level to that ceiling. (Also see “story”)

13. “Court” means an open, unoccupied space bounded on three or more sides by the walls of the building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts.

14. “Court depth,” as applied to an outer court, means the horizontal distance between the open and closed ends of the court.

15. “Court height,” as applied to a court, means the vertical distance from the level of the lowest story containing habitable rooms served by that court to the top of the walls bounding the court. In case the tops of such wall are at different elevations, the measurement shall be taken to the average elevation of the two highest walls that are opposite each other.

16. “Court length,” as applied to an inner court, means its maximum horizontal dimension.

17. “Court width,” as applied to an inner court, means its least horizontal dimension. “Width,” as applied to an outer court, means the horizontal dimension measured in a direction substantially parallel with the principal open end of such court.

18. “Department” means the planning department of the county of Maui.

19. “Dwelling” means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

20. “Dwelling unit” means any habitable roof or group of habitable rooms located within a dwelling and forming a single habitable unit with facilities which are used, or intended to be used, for living, sleeping, cooking and eating.

21. “Efficiency living unit” means any room having cooking facilities used for combined living, dining, and sleeping purposes and meeting the requirements of Section 16.08.080.

22. “Existing building” means a building erected prior to the adoption of this code, or one for which a legal building permit has been issued.

23. “Exit” means a continuous and unobstructed means of egress to a public way, and includes intervening doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exits, exterior courts, and yards.

24. “Family” means an individual, or two or more persons, related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.

25. “Grade” (ground level) means the average of the finished ground level at the center of all walls of a building. The grade of any portion of a building is the average of the finished ground level adjacent to that portion of the building. If the ground level at any point is above the ceiling, the ground level at that point shall be deemed to be at the ceiling level; and if the ground level at any point is below the floor level, the ground level at the point shall be deemed to be at the floor level; provided further, that is walls are parallel to and within five feet of a sidewalk, the ground level for these walls shall be considered to be the sidewalk.

26. “Guest” means any person hiring or occupying a room for living or sleeping purposes.

27. “Guest room” means any room or rooms used, or intended to be used, by a guest for sleeping purposes.

28. “Habitable room” means any room or enclosed or partially enclosed floor space used or intended to be used for sleeping, living, cooking, or eating purposes excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, lanais, dressing rooms, cellars, utility rooms and similar spaces.

29. “Height,” as applied to the wall of a building, means the vertical distance from finished grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the average height of the wall of a pitch or hip-roofed building or exterior wall of a pitch or hip roof. The height of a building shall be determined separately for each side of every building or for each floor on each side of every building where the wall or main part of the first floor of the building is closer to the nearest boundary line than the wall or main part of the second or upper floors of the building. Where the height of a side or exterior wall varies because of sloping ground, the average height of the side wall or exterior wall shall govern for spacing purposes.

30. “Hotel” means any building, group of buildings, or portions thereof containing ten or more rooms intended or designed to be used, or which are used, rented, or hired out to be occupied for sleeping purposes by transient guests on a more or less temporary basis. The term includes motels and tourist courts.

31. “Interior lot” means a lot other than a corner lot.

32. “Kitchen” means a room used or designed to be used for the preparation of food.

33. “Lodginghouse” means any dwelling or portion thereof containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator where rent is paid in money, goods, labor or otherwise. A lodginghouse shall comply with all of the requirements of this code for dwellings.

34. “Lot” means a portion or parcel of land considered as a unit, devoted to certain use, or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

35. “Lot line” means a line established legally and dividing one lot from another or from a street or other public spaces.

36. “Multiple dwelling” means any dwelling containing more than two dwelling units.

37. “Nuisance” means, as follows:

a. Any public nuisance known as common law or in equity jurisprudence;

b. Any attractive nuisance which may prove detrimental to children whether in a dwelling, on the premises of a dwelling, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors;

c. Whatever is dangerous to human life or is detrimental to health;

d. Overcrowding a room with occupants;

e. Insufficient ventilation or illumination;

f. Inadequate or unsanitary sewerage or plumbing facilities;

g. Uncleanliness;

h. Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.

38. “Occupants” means any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.

39. “Occupied space” means the total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this code.

40. “Operator” means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are let.

41. “Owner” means any person who, alone or jointly or severally with others, shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or who shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of these regulations to the same extent as if he were the owner.

42. “Person” means any individual, firm, corporation, association or partnership.

43. “Potable water” means water bacteriologically and chemically safe and supplied in a manner free from health hazards through a distribution system free from sanitary defects.

44. “Public hallway” means any hallway, corridor, passageway, or stairway which is used in common by two or more families.

45. “Rooming unit” means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

46. “Service room” means any room used for storage, bath, toilet or utility purposes, and not included in the definition of habitable rooms.

47. “Servants’ quarters and guest rooms” means living quarters located in the main building or in a detached accessory building on a lot and arranged, designed or intended to be used by servants or guests. Detached servants’ quarters and/or guest houses shall be equipped with a water closet, lavatory, and a bath tub or shower.

48. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above the average of the finished ground level of such basement or cellar, such basement or cellar shall be deemed the first story, except when such finished ground level was secured by the construction of an areaway.

49. “Substandard building.” See Section 16.08.240.

50. “Superficial floor area” means the net floor area within the enclosing walls of the room in which the ceiling height is not less than five feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units, or fixtures.

51. “Tenement” means any house or building, or portion thereof, other than apartment house which is rented, leased, let or hired out, occupied, or intended, arranged or designed to be occupied as the residence of five or more persons living independently of each other and doing their cooking on the premises, having a common right to the water supply, water closets or privies, bathing facilities, and kitchen facilities. The definition does not include institutions. All such dormitories or institutions shall comply with lodginghouse requirements except as otherwise noted in these regulations.

52. “Urban renewal community” means those geographic areas or localities in which there exists an urban renewal project as defined in Section 53-51 of the Hawaii Revised Statutes.

53. “Used” means used or designed or intended to be used.

54. “Ventilation” means the process of supplying or by moving air by natural or mechanical means, or both, to or from any space.

55. “Window” means an opening in the outside wall of a building for admission of light and/or air.

56. “Yard” means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by Subsection D3 of Section 16.08.060, on the lot on which a building is situated. (Ord. 1551 §§ 1 (part), 2, 1986; prior code § 12-6.2 (part))

Whenever the words “dwelling,” “dwelling unit,” “lodginghouse,” “rooming unit,” and “premises” are used in these regulations, they shall be construed as though they were followed by the words “or any part thereof.” (Ord. 1551 § 1 (part), 1986; prior code § 12-6.2 (part))

A. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or cause the same to be done without first obtaining approval from the planning director or his authorized representative for each such building or structure. Application for a building permit shall be submitted providing such data as may be necessary to meet the following requirements:

1. Plot plan, showing the exact lot boundaries and distances and any rights-of-way, if such exist, and the location the proposed building or buildings and of every existing building or structure on the lot or within fifty feet of the proposed building or buildings; the location of cesspools or other means of sewage disposal, if any, relative to lot lines, buildings and nearby bodies of water; and the tax map key or other similar description that will readily identify and definitely locate the proposed building or work;

2. Floor plan, showing the floor layout and sizes of the various rooms in sufficient detail to show that it will conform to the provisions of this code, the required windows and their sizes for the rooms, and the use or occupancy of all parts of the building or buildings;

3. Elevations, showing depth of footings and height of exterior walls, window locations and sizes;

4. Cross-section, showing the existing and the proposed finished grade, the depth of foundation or footings, height of ceiling, roof and other pertinent information;

5. Other details that may be required by the department for further clarification when information supplied on plans is insufficient for a fair and sound opinion.

B. The issuance or granting of an approval of the plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of these regulations. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.3)

For the purpose of this code, any building having a height of more than fifteen feet as determined pursuant to the definition of “height” in Section 16.08.030 shall be construed as a building of more than one story in height. In case of extreme sloping of ground, such building may be classed as a one-story building at the discretion of the director of public works, if the health and sanitation aspects of it and neighboring buildings are not adversely affected.

A. Distance to Lot Line. No one-story building shall be erected within six feet, nor any building of more than one story in height shall be erected within ten feet of any side or rear boundary line; provided, however, that where the wall or main part of the first floor of the building is closer to the nearest boundary line than the wall or main part of the second or upper floors of a building more than one story in height, the distance of the wall or main part of the first floor to the lot line shall be no less than six feet and the distance of the wall or main part of the second or upper floors to the lot line shall be no less than ten feet. No building shall be erected within fifteen feet of any front boundary line. This provision shall not apply to any detached accessory building not more than seven feet in height, not used as a dwelling unit, provided the location of such building does not adversely affect the natural light and ventilation of any dwelling unit.

B. Distance Between Buildings on the Same Lot. No one-story building shall be erected within ten feet of any one-story dwelling or within fifteen feet of a dwelling of more than one story in height. No one-story dwelling shall be erected within ten feet of any one-story building or within fifteen feet of a building of more than one story in height. No building of more than one story in height shall be erected within fifteen feet of any one-story dwelling or within twenty feet of a dwelling of more than one story in height. No dwelling of more than one story in height shall be erected within fifteen feet of any one-story building, or within twenty feet of a building of more than one story in height.

C. Height Regulations. No building shall exceed two stories nor thirty feet in height with the exception of those buildings located in two-family (duplex) districts and in A-2 districts.

D. Dwelling or Rooming Units in Business or Industrial Zones. When a building in a business or light industrial zone is designed to include one or more dwelling or rooming units, the spacing provisions of subsection A and B of this section shall apply only to the portions of such buildings which contain required windows.

E. Other Spacing Provisions.

1. Change in Height of Building. Whenever the height of a building is increased, the building shall be moved and/or altered to meet the spacing requirements of these regulations applicable thereto.

2. Accessory Buildings.

a. Any detached accessory building, not more than seven feet in height, not used as a dwelling unit but solely for garage, greenhouse, bathhouse, laundry room, workshop, storage room, or the like, shall be located at least five feet away from any required window of any dwelling.

b. Accessory buildings used as servant’s quarters or guest houses or other habitable quarters shall conform to spacing requirements for a dwelling.

c. Detached accessory buildings more than seven feet in height shall be spaced in accordance with the requirements of a dwelling.

3. Projection into Spacing. Roofs projecting into any required spacing shall not obstruct a required exitway or be nearer than three feet to a lot boundary. Balconies and stairways shall be considered as a part of the building, and shall be subject to the spacing provisions of this code.

F. Access to Multiple Dwelling Units. In two-family and multifamily dwellings, access to every dwelling unit shall be had without passing through any part of any other dwelling unit. (Ord. 2153 § 1, 1992: Ord. 1551 §§ 1 (part), 3, 1986: Ord. 1538 § 1, 1986; prior code § 12-6.16)

This part shall apply to courts having required windows opening therein. No required court shall be less in any part than the minimum sizes prescribed in this section.

A. Width.

1. Outer and Inner Courts. The minimum width of every outer and inner court required to serve habitable rooms shall be determined by the height of the pertinent exterior or side wall of the court. For exterior or side walls twenty feet or less in height, the minimum width shall be equivalent to twelve inches for every foot in height, but in no case less than ten feet and need not exceed twenty feet. For courts where the heights of the pertinent exterior or side walls vary, the minimum width shall be a function of the average of their heights.

2. Courts Serving Other Than Habitable Rooms. Every court required to serve other than habitable rooms shall have a minimum width of three inches for each foot or fraction thereof of the height of such court, but in no case less than five feet.

3. Irregular or Gore-shaped Courts. In the case of irregular or gore-shaped courts, the required minimum width of the court may be deemed to be the average width.

B. Accessibility. Every court, in a building containing more than one dwelling unit and serving one or more habitable rooms, that does not open for its full height in one or more sides on a street or yard, shall be connected, at or near the bottom, with a street or yard by a passage, if such court is more than two stories in height. Such passage shall have a cross-sectional area of not less than twenty-one square feet, and shall remain fully open at both ends or unobstructed for its full size and length, except that a grille gate may be permitted at the ends to enable it to be properly cleaned and maintained in a sanitary condition.

C. Unobstructed Courts. Every court shall remain unobstructed for its required width and full height except for allowable projections stipulated in this chapter. This shall not prohibit in the open spaces, laundry lines, arbors, garden trellises and other such accessories, and the planting and maintenance of vegetation whether in removable pots or in natural soil, where such vegetation does not restrict the light and air reaching windows opening upon the court.

D. Drainage. The bottom of every court shall be properly graded and drained. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.17)

A. Ceiling Height. Habitable rooms in all buildings shall have a ceiling height of not less than seven feet six inches. Service rooms in all buildings shall have a ceiling height of not less than seven feet. In rooms with sloping ceilings, the required ceiling height shall be provided in at least fifty percent of the room and no portion of any room having a ceiling height of less than five feet shall be considered as contributing to the minimum areas required by subsection B of this section.

B. Superficial Floor Area. Every dwelling unit shall have a room, other than a room used for sleeping purposes, with not less than one hundred twenty square feet of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have a room used for sleeping purposes with a superficial floor area of not less than one hundred twenty square feet. Every other room used for sleeping purposes shall have a superficial floor area of not less than seventy square feet for the first occupant, and shall have an additional superficial floor area of fifty square feet for each additional occupant. Every room used for sleeping purposes shall have a superficial floor area of not less than fifty square feet for each occupant.

Every kitchen shall have not less than fifty square feet of floor area.

EXCEPTION: Nothing in this section shall prohibit the use of an efficiency living unit meeting the following requirements:

1. Such efficiency living unit shall have a living room of not less than two hundred twenty square feet of superficial floor area. An additional one hundred square feet of superficial floor area shall be provided for each occupant of such unit in excess of two.

2. Such efficiency living unit shall be provided with a separate dressing closet of such size as to provide for adequate circulation and storage.

3. Such efficiency living unit shall be provided with a kitchenette not less than three feet by five feet in size. Such kitchenette shall be accessible from the living room or foyer only, shall be equipped with a tenant-operated electric exhaust fan connected to the outside air, and shall be equipped and arranged for complete kitchen use.

4. Such efficiency living unit shall be provided with a separate bathroom meeting the requirements of this code. Such bathroom shall be accessible from the foyer or dressing closet only.

C. Width. Habitable rooms, other than kitchens, shall not be less than seven feet in any dimension. No water closet space shall be less than thirty inches in width. There shall be not less than one foot nine inches of clear space in front of each water closet, and when sliding doors are not used, a door swing of not less than ninety degrees shall be provided for in front of each water closet. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.18)

A. Heating. Heating facilities when provided shall be installed and maintained in a safe condition and in accordance with applicable laws, ordinances and regulations. No unvented or open flame gas heater shall be permitted. All heating devices or appliances shall be of an approved type.

B. Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Where there is electrical power available within three hundred feet of the premises of any dwelling, such dwelling shall be connected to such electrical power. Every habitable room shall contain at least two supplied electrical convenience outlets or one such convenience outlet and one supplied electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one supplied electric light fixture.

C. Ventilation. Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required by applicable laws, ordinances and regulations. Ventilating equipment shall be of approved types, installed and maintained in a safe manner and in accordance with applicable laws, ordinances and of the natural ventilation required by section 16.08.100G, such mechanical ventilating system shall be maintained in operation during all occupancy of any building or portion thereof. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.21)

A. Habitable Rooms. Habitable rooms shall have an aggregate window area of not less than one-eighth of the gross floor area or twelve square feet, whichever is greater.

B. Service Rooms. Service rooms, except closets and other rooms which are not designed for occupancy by human beings, shall have an aggregate window area of not less than one-twelfth of the gross floor area or six square feet, whichever is greater; provided, that the aggregate window area of such rooms in dwellings and lodginghouses may not be less than five percent of the gross floor area or three square feet, whichever is greater.

C. Openable Window Area. One-half of the required window area in all rooms shall be openable.

D. Porches. Required windows shall open on a street yard or court either directly or through a porch having a minimum clear height of not less than seven feet. Such porch shall be at least fifty percent open on at least one side or on both ends.

E. Screens. Openable window areas and exterior doors of dwelling units shall be effectively screened when flies or mosquitoes are prevalent.

F. Hallways. All public hallways, stairs and other exitways shall be illuminated at all times by light having an intensity of not less than one footcandle at floor level.

G. Mechanical Ventilation.

1. All approved systems of mechanical ventilation or air conditioning may be used in lieu of openable windows in other than habitable rooms. Such systems shall provide not less than four air changes per hour, except that in toilet compartments such systems shall provide a complete air change every five minutes.

2. All bathroom, lavatories and toilet compartments which are ventilated by mechanical ventilation shall have fixed openings, from adjacent rooms or corridors or from other approved sources, which are sufficient to provide an inflow of air necessary to make exhaust ventilation effective. The exhaust air from bathrooms, lavatories and toilet compartments shall not be recirculated. Exhaust duct systems for toilet compartments and bathrooms shall be separate from the exhaust duct systems for other portions of a building.

3. Toilet compartments, bathrooms and kitchens ventilated in accordance with this subsection may be provided with artificial light. When a water closet in a bathroom or toilet compartment is completely enclosed by partitions, such enclosure shall be separately lighted and ventilated.

4. Systems of mechanical ventilation installed to comply with the provisions of this code shall be kept in good working order and in continuous operation at all times during occupancy of the room served by such system. All openings to ventilators shall be ratproofed. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.19)

Every building shall be weather protected so as to provide shelter for occupants against the elements and to exclude dampness. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.15)

A. Dwelling Units. Every dwelling unit shall have available a water closet, a lavatory and a bathtub or shower. Every apartment house, hotel, boardinghouse, lodginghouse, agriculture dormitory and tenement, and all dwelling units in urban places with population of over two thousand five hundred shall have available within the dwelling a water closet, a lavatory and a bathtub or shower.

B. Hotels, Boardinghouses, Lodginghouses, Agricultural Dormitories and Tenements. Where private water closets, lavatories and baths are not provided, there shall be provided on each floor for each sex at least one water closet and lavatory and one bath accessible from a public hallway. Additional water closets, lavatories, and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests or fractional number thereof, in excess of ten. Such facilities shall be clearly marked for “Men” or “Women.”

C. Kitchen. Every dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. No wooden sink or sink of similarly absorbent material shall be permitted.

D. Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with cold running water. All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material.

E. Water Closet Compartments. Walls and floors of water closet compartments in hotels, lodginghouses, boardinghouses, tenement houses and agricultural dormitories shall be finished with a smooth hard surface of cement, tile, or an approved equal. Walls shall be so finished to a height of four feet above the floor. Water closet compartments in all other dwellings shall be finished with approved nonabsorbent materials.

F. Access to Bathroom. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. There shall be no opening from a room in which a water closet is located into any room in which food is prepared, stored or served.

G. Installation and Maintenance. All sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with all applicable laws. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.20)

No dwelling shall be erected upon land which has been filled in with refuse or garbage or any substance dangerous to the public health, unless the site upon which such dwelling is to be erected had been inspected by the planning director and found to be sanitary. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.6)

The owner or operator of every tenement house, boardinghouse, lodginghouse or hotel shall obtain a certificate from the department and a license from the county treasurer in accordance with the provisions of Sections 445-91 and 445-98 of the Hawaii Revised Statutes. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.7)

The owner or operator of a tenement house, boardinghouse or lodginghouse, and hotel or apartment house having more than twenty dwelling units shall reside therein or employ some responsible person to reside in the building, or to be on the premises, and have charge of same. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.8)

A. Any required windows in a basement or cellar shall be above the adjacent grade for their full height or shall be provided with an areaway of a width, measured perpendicular to the plane of the window, equal to its depth below the adjacent grade.

B. The floors and walls of basements and cellars shall be waterproofed and dampproofed below finished grade in a manner acceptable to the director of public works or an areaway of not less than five feet in width shall be provided around the building.

C. No space in any cellar shall be used for sleeping purposes. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.4)

A. Every dwelling and every part thereof shall be kept free from vermin, rodent harborages and mosquito breeding, standing water and from any accumulation of dirt, rubbish, garbage or other matter in or on the dwelling and the surrounding premises. It shall be the duty of each occupant to keep the portion of the dwelling occupied by him and over which he has control in a sanitary condition at all times. It shall likewise be the duty of the owner or his agent of any multiple dwelling to keep clean public halls, stairways, yards, house plumbing, and other parts thereof used in common by its occupants.

B. Before renting any rental dwelling unit, the owner thereof shall cause such unit to be cleaned and repaired and shall exterminate any insects, rodents or similar pests therein. This does not refer to termites. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.5)

The owner or operator of every tenement house, lodginghouse, boardinghouse, agricultural dormitory, apartment house or hotel shall provide a sufficient number of watertight receptacles of metal or other material acceptable to the planning director for ashes, rubbish, garbage, refuse and other discarded matter, which receptacles shall be kept closed by tightfitting covers, except when being filled or emptied. No person shall place ashes, rubbish, garbage, refuse or like matter in the yards, open areas, courts or alleys connected with or appurtenant to any building, except in such receptacles. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.9)

A. Sanitary Conditions. In every lodginghouse, boardinghouse or hotel, every part of every bed, including the mattress, sheets, blankets and bedding, shall be kept in a clean, dry and sanitary condition, free from filth, urine or other foul matter, and free from infection of lice, bedbugs, or other vermin or insects.

B. Changes. The bed linen of a bed shall be changed at least as often as a new guest occupies the bed and in no case less than once a week. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.11)

Cooking shall not be done on any porch or lanai or in any room of any hotel, tenement, agricultural dormitory, boardinghouse, or lodginghouse not designed and intended for cooking. Cooking shall not be done in any room used for sleeping purposes, unless such room is also designed and intended for cooking purposes. Rooms designed and intended for cooking shall conform to all requirements of a habitable room. Cooking may be done in agricultural dormitory kitchens; provided, that not more than five rooms nor more than ten persons shall share a community kitchen. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.13)

No public towel or common drinking cup shall be kept or maintained in a tenement house, lodginghouse, boardinghouse, agricultural dormitory or hotel for common use. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.12)

No horses, cows, calves, swine, goats, chickens, ducks, pigeons or other animals or fowl shall be kept in or within twenty feet from any dwelling. This section shall not apply to pets, such as dogs, cats, birds and other small, domesticated animals; provided, that such pets shall be limited to a reasonable number. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.10)

On and after the effective date of these regulations, no new tenement house shall be constructed and no existing building not presently used as a tenement house shall be converted into a tenement house. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.14)

Any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed to be a substandard building if the conditions are permitted to continue beyond a reasonable time for remedy, after due notice has been served by the planning director to correct the conditions within the time allowed. The owner or other person affected shall then have the right to appeal to the board of appeals for investigation and review of the planning director’s determination.

A. Inadequate sanitation, which shall include but not be limited to the following:

1. Lack of or improper water closet, lavatory, bathtub or shower for a dwelling unit. For dwelling units in urban renewal communities, absence of a proper water closet, lavatory, bathtub or shower inside the dwelling unit,

2. Lack of or improper water closets, lavatory, and bathtubs or showers per number of guests in a hotel,

3. Lack of or improper kitchen sink,

4. Lack of hot and cold running water to plumbing fixtures in a hotel,

5. Lack of running water to plumbing fixtures serving a dwelling unit,

6. Lack of or improper operation of required ventilating equipment,

7. Lack of minimum amounts of natural light and ventilation required by this code,

8. Room and space dimensions less than required by this code,

9. Lack of required electrical lighting,

10. Dampness of habitable rooms,

11. Infestation of insects, vermin or rodents,

12. General dilapidation or improper maintenance,

13. Lack of connection to available sewage disposal system,

14. Lack of adequate garbage and rubbish storage and removal facilities;

B. Structural hazards, which shall include but not be limited to the following:

1. Deteriorated or inadequate foundations,

2. Defective or deteriorated flooring or floor supports,

3. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration,

4. Members of callings, roofs, ceiling and roof support or other horizontal members which sag, split, or buckle due to defective material or deterioration,

5. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration;

C. Any nuisance as defined in this code;

D. All plumbing except that which conforms with all applicable laws, regulations or ordinance in effect at the time of installation and which has been maintained in good condition and which is free of cross connection and siphonage between fixtures;

E. Hazardous mechanical equipment, including vents, except that which conformed with all applicable laws, regulations or ordinances in effect at the time of installation and which has been maintained in good and safe condition;

F. Faulty weather protection, which shall include but not be limited to the following:

1. Deteriorated, crumbling, or loose plaster,

2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors,

3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering,

4. Broken, rotted, split, or buckled exterior wall coverings or roof coverings;

G. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards;

H. All buildings or portions thereof occupied for living, sleeping, cooking, or eating purposes which were not designed or intended to be used for such occupancies. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.22)

A. Upon presentation of proper credentials, the planning director or his duly authorized representatives may enter, at reasonable times, any building, structure, or premises in the county to perform any duty imposed upon him by this code.

B. Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings.

C. All buildings or portions thereof which are deter- mined to be substandard as defined in this code are hereby declared to be nuisances in accordance with the provisions of chapter 322 of the Hawaii Revised Statutes, and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in that chapter.

D. Whenever it shall be certified by the planning director that a building or part thereof is unfit for human habitation, the planning director, after giving owner, lessee, or occupant thereof an opportunity to be heard, may require all persons residing therein to vacate such building or part thereof, within not less than twenty-four hours, nor more than ten days. In case such order is not complied with within the time specified, the planning director may cause such building or part thereof to be vacated and cause it to be held vacant until the condition causing such order has been remedied. The planning director, whenever he is satisfied that the danger from the building or part thereof has ceased to exist, or that it is fit for human habitation may revoke the order or may extend the time within which to comply with the same.

E. The board of variances and appeals may grant variances to the provisions of this code if the board finds:

1. That the strict application, operation, or enforcement of the code provision or provisions appealed from would result in practical difficulty or unnecessary hardship to the applicant;

2. That the granting of the variance shall not be detrimental to the public health, safety, or welfare;

3. That the granting of the variance would not be injurious to the adjoining lots and the buildings thereon;

4. That the granting of the variance would not be contrary to the purposes of this code and the public interest. (Ord. 2364 §§ 1, 2, 1994; Ord. 1551 § 1 (part), 1986; prior code § 12-6.23)

Any person, firm or corporation who shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the county, or cause or permit the same to be done contrary to or in violation of any of the provisions of this code, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500. Each and every violation of the provisions of these regulations shall constitute a separate offense. Each day upon which such violation occurs shall constitute a separate violation. (Ord. 1551 § 1 (part), 1986; prior code § 12-6.24)