07-11-2008, 03:17 PM
quote:
Originally posted by janet
However, according to the article in yesterday’s Hawaii Tribune Herald [“Bill would legalize living in tents”], Public Works Director McClure pointed out that the proposed bill does not address sections of the Building Code concerning “…danger to human life, insufficient ventilation, fire codes, unsafe air, food or drink…”.
Bill 319, specifically deals with the absolute prohibition of tents for residential use.
Chapter 4, Article 1, Sections 5-1.0.8 states "No tent of plastic, canvas, or similar material shall be used for residential purposes."
The Council Member's bill strikes the above phrase and replaces it with "A property owner may use a tent of canvas, plastic, or similar material for temporary residence as long as there is adequate sanitation and an active building permit, or for three years while constructing a permanent home...."
Without such an amendment, no matter what is ultimately changed to set standards to address the issues raised for temporary tent residences, tents would still be prohibited.
Bill 319 simply removes the absolute prohibition so everything else can be modified to conform. In other words, even if there were language in all the other parts of the code to set standards for fire, ventilation, food, etc, unless Charter 5, Article 1, sections 5-1.0.8 is changed, it's a moot point.
Now, in defense of the Council Member, I'm not sure why it was even mentioned, as it was, that the bill was an amendment to a section of the code dealing with tents like in carnivals. It gives the impression the Council member is modifying an unrelated section. Although the section is about those tents, it is also the place where using tents as residences is prohibited. So this is the correct area to amend.
I don't think it will pass simply because of the open ended time period with a building permit and a three year time frame without a building permit (or at least that's how it comes across in reading the actual bill). Reduce it to 18 months maximum and only with a building permit and it has a much better chance.