10-05-2009, 10:39 AM
Section 301:
“(a) Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair,
convert, or demolish any building or structure in the County, or cause the same to be done, without first
obtaining a separate building permit for each building or structure from the building official; provided
that one permit may be obtained for a dwelling and its accessories, such as fence, retaining wall, pool,
storage and garage structures.
EXCEPTIONS: A permit is not required for:
(1) Work excepted under section 103.
(2) Temporary buildings, platforms, and fences used during construction or for use as props
for film, television or live plays and performances.”
…
The above already allows for any given building under subsection (2) to use during construction without a permit. It’s an arbitrary qualifier to the particular use of the building and type. Could be used for materials storage, site security equipment, tools storage, cafeteria, temporary housing, etc and is common in all building codes across the U.S.
The supposed “ban” on private tents on private property falls under TEMPORARY PERMITS and NOT where such a ban would be found properly under a construction material prohibitions sections. Thus any such inference of prohibition of materials is misplaced and out of line with regard to subsections intent.
“© Temporary Permit Required. No person, firm, or corporation shall erect any tent or mobile
structure which is to be used for commercial or religious purposes, such as rallies, festivals, amusements,
and sideshows, without first obtaining a temporary permit for the tent or structure from the building
official. To secure a permit, approval must also be obtained from the chief of the fire department. A
permit for a tent or mobile structure shall be limited to a period of not more than thirty consecutive days
and may be canceled for cause by the building official or the fire department at any time before expiration
of the time stated in the permit. Upon cancellation or upon the expiration of the time stated in the permit
the structure or structures shall be promptly removed. However, the permit may be renewed when
approved by the building official. No tent of canvas, plastic, or similar material shall be used for
residence purposes.”
Nothing in the above subsection is addressing private use of tents and or a mobile structure (which is to be used for commercial or religious purposes) in the intent of the subsection subject.
Any such ban pertaining to private use would have to be placed in its own subsection and clear within its intent.
The building department director was correct when he stated that the council member was addressing a particular portion of code pertaining to event tents. This is currently in the hands of the fire marshal and has nothing to do with the building department.
E ho'a'o no i pau kuhihewa.
“(a) Permits Required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair,
convert, or demolish any building or structure in the County, or cause the same to be done, without first
obtaining a separate building permit for each building or structure from the building official; provided
that one permit may be obtained for a dwelling and its accessories, such as fence, retaining wall, pool,
storage and garage structures.
EXCEPTIONS: A permit is not required for:
(1) Work excepted under section 103.
(2) Temporary buildings, platforms, and fences used during construction or for use as props
for film, television or live plays and performances.”
…
The above already allows for any given building under subsection (2) to use during construction without a permit. It’s an arbitrary qualifier to the particular use of the building and type. Could be used for materials storage, site security equipment, tools storage, cafeteria, temporary housing, etc and is common in all building codes across the U.S.
The supposed “ban” on private tents on private property falls under TEMPORARY PERMITS and NOT where such a ban would be found properly under a construction material prohibitions sections. Thus any such inference of prohibition of materials is misplaced and out of line with regard to subsections intent.
“© Temporary Permit Required. No person, firm, or corporation shall erect any tent or mobile
structure which is to be used for commercial or religious purposes, such as rallies, festivals, amusements,
and sideshows, without first obtaining a temporary permit for the tent or structure from the building
official. To secure a permit, approval must also be obtained from the chief of the fire department. A
permit for a tent or mobile structure shall be limited to a period of not more than thirty consecutive days
and may be canceled for cause by the building official or the fire department at any time before expiration
of the time stated in the permit. Upon cancellation or upon the expiration of the time stated in the permit
the structure or structures shall be promptly removed. However, the permit may be renewed when
approved by the building official. No tent of canvas, plastic, or similar material shall be used for
residence purposes.”
Nothing in the above subsection is addressing private use of tents and or a mobile structure (which is to be used for commercial or religious purposes) in the intent of the subsection subject.
Any such ban pertaining to private use would have to be placed in its own subsection and clear within its intent.
The building department director was correct when he stated that the council member was addressing a particular portion of code pertaining to event tents. This is currently in the hands of the fire marshal and has nothing to do with the building department.
E ho'a'o no i pau kuhihewa.