I believe the H5 does qualify as a ELSA
Oh boy; I guess it depends on your definition of E-LSA.
I could be mistaken, but I believe that in order to receive an FAA special airworthiness certificate for an E-LSA, a kit producer has to produce at least one example of the kit model that conforms to S-LSA ASTM standards, and the builder builds his kit from that manufacturer that conforms to the FAA approved S-LSA that the manufacturer submitted for conformance certification. I don't believe Hummel has been through that exercise with the FAA.
There are two other paths that I am aware of, and those are: 1) to take a completely unmodified factory built S-LSA to an FSDO inspector or a DAR and have them inspect the airplane to ensure it has not been modified in any way and "is found to be in a condition for safe operation", completes an application for a new special airworthiness certificate application with Category/Designation "EXPERIMENTAL" and Purpose "Light Sport Airplane", and submits a program letter and a replacement set of Operating Limitations to the FAA. The FAA registration database listing then notes: "
Classification: Experimental.
Category: Operating Light-Sport Pre. Issued cert under 21.190" If you do an FAA N-number search on my airplane, N601KE, you'll see what I mean.
This is the route I chose to take with my AMD factory built CH601XL. I also took the 16 hour LSR-I course and took my graduation certificate to the local Oakland FSDO and applied for and received my Light Sport Repairman Certificate-Inspection so I can perform and sign off my own annual condition inspections.
The second option was to certify existing 2-place ultralights as E-LSAs, but that option expired in January 31, 2008.
By thinking the H5 is an E-LSA, you may be thinking of Experimental-Amateur Built airplanes that are "Light Sport Eligible."
These can be any homebuilt airplanes which meet the FAA Light Sport Airplane requirements, which are defined in CFR Title 14 §1.1 General definitions.
Light-sport aircraft means an aircraft, other than a helicopter or powered-lift that, since its original certification, has continued to meet the following:
(1) A maximum takeoff weight of not more than—
(i) 1,320 pounds (600 kilograms) for aircraft not intended for operation on water; or
(ii) 1,430 pounds (650 kilograms) for an aircraft intended for operation on water.
(2) A maximum airspeed in level flight with maximum continuous power (VH) of not more than 120 knots CAS under standard atmospheric conditions at sea level.
(3) A maximum never-exceed speed (VNE) of not more than 120 knots CAS for a glider.
(4) A maximum stalling speed or minimum steady flight speed without the use of lift-enhancing devices (VS1) of not more than 45 knots CAS at the aircraft's maximum certificated takeoff weight and most critical center of gravity.
(5) A maximum seating capacity of no more than two persons, including the pilot.
(6) A single, reciprocating engine, if powered.
(7) A fixed or ground-adjustable propeller if a powered aircraft other than a powered glider.
(8) A fixed or feathering propeller system if a powered glider.
(9) A fixed-pitch, semi-rigid, teetering, two-blade rotor system, if a gyroplane.
(10) A nonpressurized cabin, if equipped with a cabin.
(11) Fixed landing gear, except for an aircraft intended for operation on water or a glider.
(12) Fixed or retractable landing gear, or a hull, for an aircraft intended for operation on water.
(13) Fixed or retractable landing gear for a glider.
EAA spells it all out is reasonable detail here:
Experimental Aircraft Listing
Note that Hummel is listed as a kit manufacturer that offers kits that qualify as LSA.
So, my take is that since the H-5 is an E-A/B that meets the FAA's requirements for Light Sport, it could be considered an experimental light sport, but I don't think the special airworthiness certificate will say E-LSA or Experimental Light Sport; I believe it will say Experimental Amateur Built instead.
One advantage of building an E-LSA from a kit manufacturer that has submitted an S-LSA to the FAA for conformance certification of the same model is that the builder gets a repairman certificate. Someone who has purchased a new or used factory built S-LSA that hasn't been modified and then uses a DAR to recertificate it as experimental can perform maintenance on the airplane and the person that does the 16-hour LSR-I class and get the FAA LSR-I certificate can perform condition inspections.
An original builder of a 51% E-A/B airplane that meets LSA requirements gets the repairman certificate and can maintain and inspect his airplane, but subsequent owners will always have to have the condition inspections done by an A&P.
Like I say, I could be wrong.