Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Living in a tent on your private property.
#41
did the county ever get anything done about the " house of cards " in SeaView
Reply
#42
quote:
Originally posted by james weatherford


"(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
..."


So if you're not a person, firm, or corporation, then it doesn't apply to you. Look up 'person' in Black's Law Dictionary. Person is corporation. If you're a real living man living on the land and not doing harm, you can live in a tent or whatever pleases you for as long as it pleases you. Question is, would you rather be a man or a corp?

SECRET KNOWLEDGE - "NOT FOR US TO KNOW"? http://www.youtube.com/watch?v=91qs9v-upWI
SECRET KNOWLEDGE - "NOT FOR US TO KNOW"? http://www.youtube.com/watch?v=91qs9v-upWI
Reply
#43
General tents are not within the building codes reach, nor within the Counties reach. Tents are kits that are not permanent and are handled through general manufacturing laws. Non-permanent shelters are not structures or buildings attached to the ground. Read the county definitions to the cited code.
Yes - you can live in a tent on your own property. This is not a debate nor debatable through the misinterpretation of codes, read the entirety of the legislation including the definition of the words used within the code and keep the application within the context of the said code.
COH Building Code below the previously cited permit needs code -
Section 5-19
Exceptions
(4) Temporary tents or other coverings used for private family parties or for camping on approved
campgrounds.
Meaning no requirement for a camp ground setup of a tent AND without a need to say the self apparent... there's no damn permit needed for putting up a tent on your own damn property! For f sakes - get that through your heads.
The IBC does not address tents and it is not within its scope, therfore the "BUILDING DEPARTMENT" cannot grant, deny, or address a persons individual right to erect and live within a tent on their own private property. YOU DON’T NEED A PERMIT and most likely they won't take your call as it's like asking them if you need a permit to put a damn bannana tree on your property. You can even build a permit free deck no more than 24" above ground to put the tent on.

Now the question is this... How damn long do you think you can tolerate living in a tent? WIND, RAIN, HOT SUN, LEAKS, UV DAMAGE TO FABRIC ETC... I give most folks less than 6 months before they can't take it anymore. You'll be lucky to get 4 months life out of the avergae tent around here.

Furthermore, read the damn limitations of County power within State legislation. A damn County is not given unlimited carte blanche power!

Also... art work (sculpture/3d art) is not within the reach of building code.


E ho'a'o no i pau kuhihewa.
Reply
#44
County may prosecute you at its whim, regardless of what "the code" says about your tent, by invoking one or more of the very vague "at discretion of" clauses that are sprinkled liberally throughout the codes... however it may seem like they mostly don't enforce.
Reply
#45
Unless you're putting up a tent in a subdivision like Waikaloa or a subdivision that has CCR's addressing tents, there's nothing to worry about with the exception of the department of health (you'll then need an approved toilet system). If others can see you from the road, you may have issues, though they won't be backed legally. Just know your rights and keep in mind that camping on one’s own property should be only exercised responsibly and courteously to those around you.

E ho'a'o no i pau kuhihewa.
Reply
#46
We live in the middle of a jungle on a few acres with no CCR's.

We had a camp setup for a year. first put in a 27,000 gallon water catchment tank then a 5kwatt PV system then - We put up a 10X10 kitchen screen tent with SS refrigerator, gas oven/cooktop, microwave, toaster, laundry sink, Cabela camp counter, hot water. We used our new front loader washing machine, had satellite internet and satellite TV. We also had a shower tent and an outhouse with regular toilet. We had two 10X16 cabin tents, one with queen bed and dressers, the other was livingroom setup inside all covered by a 20X40 canopy on plywood platforms. It was nearly a year of hellish weather at times; tents reached 120 degrees inside during the summer days and the wind was very unpleasant at time as was the heavy rain. It’s something I would perhaps not do again and we had all the modern conveniences, so it’s not as easy as it sounds. We went through 6 cabin tents, 2 kitchen gazebos and 3 shower tents.

I personally would recommend building a well vented shack to live in instead of a tent.

Now we’re in our house.


E ho'a'o no i pau kuhihewa.
Reply
#47
I'm not an attorney - I only play one on Halloween... but...

The County has this to say in their FAQs about permits:

quote:
I’m hosting a private wedding in my backyard; do I need a building permit for the tents?

Temporary tents or canopies used for private family parties, such as weddings, on your own property need approval and a temporary permit, valid for 30 days from the Building Division.

http://energy.hawaii.gov/wp-content/uplo...Permit.pdf

Over 30 days? Tents are not permitted. In other words, taking residence in a tent is illegal. Ask the County, that's the answer you'll get. And they seem quite clear on the point.

Yes, I'm clear that enforcement is nil on this, and that people do it anyway, but I'm talking about what is legally permitted.








Reply
#48
quote:
Originally posted by OpenD

I'm not an attorney - I only play one on Halloween... but...

The County has this to say in their FAQs about permits:

quote:
I’m hosting a private wedding in my backyard; do I need a building permit for the tents?

Temporary tents or canopies used for private family parties, such as weddings, on your own property need approval and a temporary permit, valid for 30 days from the Building Division.

http://energy.hawaii.gov/wp-content/uplo...Permit.pdf

Over 30 days? Tents are not permitted. In other words, taking residence in a tent is illegal. Ask the County, that's the answer you'll get. And they seem quite clear on the point.

Yes, I'm clear that enforcement is nil on this, and that people do it anyway, but I'm talking about what is legally permitted.



AGAIN!
See exception number 4 -
"Division 2. Permits.
Section 5-19. Permit required.
(a) No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, 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.
(b) Permits will be further required for, but not limited to, the following:
(1) All Television/Radio Communication Towers, etc., not regulated by the Public Utility Commission.
(2) Complete new installations of all solar water heating systems, or the complete replacement of
existing system with all new components, or relocating of panels from roof to ground or vice versa,
along with plumbing and electrical permits.
(3) Construction or renovation of Handicap Accessible routes from parking lot to building or from
building to building on a lot.
(4) Water tanks or catchments intended for potable/household use, regardless of height or size. For
additional requirements where water tank or catchment systems are used as means of fire protection,
see Chapter 26 of the Hawai‘i County Code.
(5) Retaining walls four feet and higher. Stepped or terraced retaining walls 8'-0" of each other are
considered to be one wall when determining wall height.
EXCEPTIONS: A permit is not required for:
(1) Work located primarily in a public way, public utility towers, bridges, and poles, mechanical
equipment not specifically regulated in this code, and hydraulic flood control structures.
(2) Temporary structures used during the construction of a permitted structure, temporary buildings,
platforms, and fences used during construction or for props for films, television or live plays and
performances.
(3) Re-roofing work with like material and installation of siding to existing exterior walls which will
not affect the structural components of the walls for Groups R-3 and U Occupancies.
(4) Temporary tents or other coverings used for private family parties or for camping on approved
campgrounds
..."
Dissect the above exception -
"Temporary tents or other coverings used for private family parties or for camping on approved campgrounds"
What part of the above quote is alligned with the quote you cited?
You showed nothing with regard to a legal requirement, merely a misguided quote that is flat contrary to the building code. The reason there is no enforcement is because there is no such law that makes it illegal.

E ho'a'o no i pau kuhihewa.
Reply
#49
Challenge : Find one single case where a person has been prosecuted for living in a tent on their own property without CCR’s within the county of Hawaii. The notion that it is illegal is purely propaganda based misinformation. The county would be hauled through courts if they made or tried to enforce such a law and would be sued up the wazoo. The ACLU would get involved right away if there were such a case or law… I know that because I have already spoken with them about the matter. This is why the legislation that would have made it “legal” to live in a tent while building in Puna was vetoed a couple years back. You cannot make what’s already legal a legislatively limited legal act in one sole district alone while omitting all the other districts. The proposed legislation was pure unconstitutional hogwash and would have been a takings if passed and a violation of the equal protections clause.


E ho'a'o no i pau kuhihewa.
Reply
#50
Searched up building permit and came to this thread.

Have to agree with Wao solely on the basis that this is a human right issue and I'm just damn fed up with how the government, any government, feels it has a right to tell people how to live like they do. It's gotten old. taxes for this and taxes for that, but have they really made anyone's lives any better? You can't get anything done without wading through a huge mess of bureaucratic red tape, dealing with people who really seem to have no real interest in helping you out, charge you and arm and a leg for the required dis-services they provide you, and all the while being fed, HOUSED, and clothed by your tax dollars. It's 1775 all over again. Republican, Democrat, same same. I could feel how pissed you were getting Wao. Well buddy, you're justified. Priorities are all 4ukkered up. What can ya do?
[8]
Reply


Forum Jump:


Users browsing this thread: 2 Guest(s)