HAR §11-81-5
HAR §11-81-5. §11-81-3 Applicability to private residences
Cite as Haw. Code R. § 11-81-5
(a) Private residences are exempt from the provisions of sections 328J-2, 328J-3, and 328J-4, HRS, except when used as a licensed child care, adult day care, or health care facility.
(b) A limited common element, such as a lanai that is designed to serve a single unit but is located outside the unit's boundaries, is exempt from the provisions of sections 328J-2, 328J-3, and 328J-4, HRS; provided that the bylaws or house rules of the association may restrict smoking in these areas.
[Eff SEP 06 2010 ] (Auth: §328J-11) (Imp: §§328J-1, 328J-7)