12-10-2009, 06:54 PM
Keep in mind I'm not disputing your claim and I already know there's a stinker inspector in Ninole.
My Father in-law lives right up there in Ninole too and finished up his third house a couple years ago. His shipping container remained on premises the entire duration through final while grounded, never permitted and never questioned. He's also lived on Island for 30 plus years. I’ve also had containers on premises in Kona on Jobs while finals were issued, no problems with them at all.
Technically and legally speaking; unless a container is being used for something other than its intended purpose. The container does not fall under the building department’s jurisdiction regardless of what they may claim or an arbitrary outlined code may state. As tempting as it may be to them to question, as well as the county to pretend they may have authority over a private container on private property, being on wheels is not the only thing that separates a container from a building. It’s also separately defined by U.S. Law and the county does not have the legal authority to redefine U.S. law or undermine its U.S. designation.
By U.S. law a shipping container is a licensed and recognized product already defined that even without wheels is a transport enclosure and can be owned and possessed by a private party, it's nothing more than a giant transport storage box, it is not recognized by U.S. law as a structural building. Neither the state nor the county by law may redefine its designation unless modified or used beyond it’s intended use. The building department cannot order a permit be obtained and foundation be fabricated for a shipping container to be placed on ones premises, not technically nor legally, not unless that container is used for something other than its intended use and duration of grounding would not redefine a shipping containers legally recognized designation.
If we have a plastic transport storage box sitting in our driveway; should the building department be allowed to say it has to be put on wheels or a permit needs to be issued and it needs to be placed on its own foundation? Heck no and no because it is personal private property and something that is not legally designated as a building/structure (not in the legal sense of a building structure). The building department has limits to it's powers and when those limitations are crossed they need to be brought back to Earth via the courts.
What’s being encountered is underhanded selectively evoked policy. It’s an illegal practice regardless of where engaged in and such policy cannot stand to the scrutiny of the courts. There are several key points that show without doubt there is selective application of the ordered resolutions evoking coercion. A building department will not enter a shipping yard and refuse to issue a final on a new office building in that yard if all the containers on premises are not permitted before the final is issued. This is not a practice or enforced policy on professional commercial/residential construction sites to obtain finals. I could go on with the comparatives but will stop right there. The building inspector is not endowed with special powers of clairvoyance and cannot determine if a private shipping container will stay permanently and be modified or be sold and removed from the premises shortly after a final would have been potentially issued. Therfore, the building department/inspector is assuming the container will be modified and serve a purpose beyond it's true designation, that is an assumption without merit and violates an already tendered right to use and own a shipping container. I hope they flag my container and refuse to issue a final because of its presence on premises. I intend to sell mine shortly after construction is complete… however, I will not remove it before hand and I will not allow the building department to hold up my final until the container is gone. I will be more than happy to take them to court and quash the department’s ill-conceived policy practice and have the Judge order them to issue the final. It's exactly that sort of nonsense that people need to stand up against. If we don't, the intrusions only become greater.
Such coercion practices by a county are an insult to its citizens and the county representative/s who implemented such a policy should be damned ashamed of themselves.
What sort of a people cowers to such extortions and allow such invading nuisances into their lives; only a people who have submitted themselves to thieves and liars.
E ho'a'o no i pau kuhihewa.
My Father in-law lives right up there in Ninole too and finished up his third house a couple years ago. His shipping container remained on premises the entire duration through final while grounded, never permitted and never questioned. He's also lived on Island for 30 plus years. I’ve also had containers on premises in Kona on Jobs while finals were issued, no problems with them at all.
Technically and legally speaking; unless a container is being used for something other than its intended purpose. The container does not fall under the building department’s jurisdiction regardless of what they may claim or an arbitrary outlined code may state. As tempting as it may be to them to question, as well as the county to pretend they may have authority over a private container on private property, being on wheels is not the only thing that separates a container from a building. It’s also separately defined by U.S. Law and the county does not have the legal authority to redefine U.S. law or undermine its U.S. designation.
By U.S. law a shipping container is a licensed and recognized product already defined that even without wheels is a transport enclosure and can be owned and possessed by a private party, it's nothing more than a giant transport storage box, it is not recognized by U.S. law as a structural building. Neither the state nor the county by law may redefine its designation unless modified or used beyond it’s intended use. The building department cannot order a permit be obtained and foundation be fabricated for a shipping container to be placed on ones premises, not technically nor legally, not unless that container is used for something other than its intended use and duration of grounding would not redefine a shipping containers legally recognized designation.
If we have a plastic transport storage box sitting in our driveway; should the building department be allowed to say it has to be put on wheels or a permit needs to be issued and it needs to be placed on its own foundation? Heck no and no because it is personal private property and something that is not legally designated as a building/structure (not in the legal sense of a building structure). The building department has limits to it's powers and when those limitations are crossed they need to be brought back to Earth via the courts.
What’s being encountered is underhanded selectively evoked policy. It’s an illegal practice regardless of where engaged in and such policy cannot stand to the scrutiny of the courts. There are several key points that show without doubt there is selective application of the ordered resolutions evoking coercion. A building department will not enter a shipping yard and refuse to issue a final on a new office building in that yard if all the containers on premises are not permitted before the final is issued. This is not a practice or enforced policy on professional commercial/residential construction sites to obtain finals. I could go on with the comparatives but will stop right there. The building inspector is not endowed with special powers of clairvoyance and cannot determine if a private shipping container will stay permanently and be modified or be sold and removed from the premises shortly after a final would have been potentially issued. Therfore, the building department/inspector is assuming the container will be modified and serve a purpose beyond it's true designation, that is an assumption without merit and violates an already tendered right to use and own a shipping container. I hope they flag my container and refuse to issue a final because of its presence on premises. I intend to sell mine shortly after construction is complete… however, I will not remove it before hand and I will not allow the building department to hold up my final until the container is gone. I will be more than happy to take them to court and quash the department’s ill-conceived policy practice and have the Judge order them to issue the final. It's exactly that sort of nonsense that people need to stand up against. If we don't, the intrusions only become greater.
Such coercion practices by a county are an insult to its citizens and the county representative/s who implemented such a policy should be damned ashamed of themselves.
What sort of a people cowers to such extortions and allow such invading nuisances into their lives; only a people who have submitted themselves to thieves and liars.
E ho'a'o no i pau kuhihewa.