Living in a tent on your private property.

[Wao nahele kane]

I've no intention to live in a tent however; where in the legislation is living in a tent on your own private property not allowed by Hawaii county code? Infact the code when read in context allows for temproary structures when building and does not cite for what use, although this does not even pertain to tents per say, but would pertain to built temporary structures that need no permits.

Thus far everything I have read only pertains to events type tents or tents on public grounds.

See code in complete context:
Section 5-1.0.8. Amending section 301.
Section 301 is amended to read as follows:
(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.
(3) Reroofing 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 M Occupancies.
(4) Temporary tents or other coverings used for private family parties or for camping on
approved camp grounds.
(5) Television and radio antennas accessory to R-1 and R-3 Occupancies. Satellite or
microwave dishes with supports 6 feet or less in height.
(6) Awnings projecting up to four feet and attached to the exterior walls of buildings of
Group R-3 or M Occupancy; provided that the awnings do not violate the provision for “yards” in
chapter 25 (Zoning) of the County Code.
(7) Standard electroliers not over 35 feet in height above finish grade.
(8) Installation of wall paper or wall covering which are exempted under the provisions of
section 4201.
(9) Repairs which involve only the replacement of component parts or existing work with
similar materials for the purpose of maintenance, and which do not aggregate over $1000 in valuation in
any twelve-month period, and do not affect any electrical or mechanical installations.
(10) Painting and decorating.
(11) Installation of floor covering.
§ 5-1.0.8 HAWAI‘I COUNTY CODE
5-10
(12) Cabinet work for R-3 Occupancy and individual units of R-1 and M Occupancies which
are not regulated under section 513. Wall mounted shelving not affecting fire resistance or structural
members of wall.
(13) Work performed under the jurisdiction of Federal Government and/or located in Federal
property.
(14) Swimming pools for one and two-family dwelling units less than 3 feet in depth.
(15) Fences and retaining walls when 6 feet or less in height.
(16) Animal shelters, storage sheds, and towers, less than 6 feet in height.
(17) Detached decks or platforms less than 30 inches in height above grade.
(18) Playground equipment, excluding assembly or similar waiting areas.
(b) Emergency Work. Emergency work may commence without a permit; however, a permit for
the work shall be obtained on the working day immediately following the day work is commenced.
© 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.
(1993, Ord. No. 93-85, sec. 2; Am. 1996, Ord. No. 96-162, sec. 5; Am. 1999, Ord. No. 99-81, sec. 2.) 5-

E ho'a'o no i pau kuhihewa.

[Bullwinkle]

" 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.
(3) Reroofing 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 M Occupancies.

(4) Temporary tents or other coverings used for private family parties or for camping on approved camp grounds."


Well having read enough code ... #4 nails it imho, in that it only allows erection of tents in campgrounds without a permit or you have to keep a party going if its on your lot

Anyplace else requiring a permit if one were to define a tent as a structure

got a definitions page?

[Wao nahele kane]

I know many might assume the final sentence is in reference to any use as a residence but it isn't.
Within context it is in reference to commercial and religious purposes and begins by citing permissible use examples and then finally ends with none permissible uses by the aforementioned entities. This is to say, there is no tent city allowed to help out people through the church who are homeless and there is to be no tent type apartments or hotels made. Saying that private property tents for personal dwellings are applicable to this code is simply taking the citation out of context.


E ho'a'o no i pau kuhihewa.

[Wao nahele kane]

From what I'm reading, I see nothing that adresses personal tent useage on private property. That being the case the codes do not apply.
Likewise, the code does not stop governing entities from setting up emergency tents for dwellings in the after math of natural disasters or impending disaster.
I'll see if I can find a definitions page. I rather doubt a tent falls under the definition of a building temporary or otherwise and especially not when Tents are referenced several times within the same body of code.

E ho'a'o no i pau kuhihewa.

[Bullwinkle]

14) Swimming pools for one and two-family dwelling units less than 3 feet in depth.

This one interesting ... listed as an exception right?

no permit required ... a fence required? I was under the impression a 6 foot fence always required around a pool

Im thinking of a pond ... didnt want to proceed without a fence

[missydog1]

Wao, just call the County and verify instead of slogging through the code. If they say it's not allowed, ask for the relevant section. Why debate this on a forum when you can get a definitive answer with a phone call? Once you have the answer, maybe you could share what they tell you.

[Wao nahele kane]

Why call the county when the rules are available for everyone to read for themselves? If I had to call the county for every question I had when building a house, they would eventually hang up on me, this is why codes are public printed information.
As per debate...
There is nothing to debate, the code is in black and white.

E ho'a'o no i pau kuhihewa.

[Wao nahele kane]

Exception to a permit...
(17) Detached decks or platforms less than 30 inches in height above grade.
I see a platform that can be used for a tent or a deck around a pond, no permit required.


E ho'a'o no i pau kuhihewa.

[Bullwinkle]

"Use your best judgment as to whether you need fencing"

Thanks ... all the kids next door swim.... no others about ... still ? maybe 18" deep or so. ...

there is mr woof however who likes to swim, & loves to chase ducks........ soft mouth doesn't hurt them, brings em back with a big waggy tail .... but they don't lay eggs for a while


Aloha

[missydog1]

>>>There is nothing to debate, the code is in black and white.

LOL, nothing is black and white in the land of selective enforcement and interpretation.
I have been told that people can camp on their own land, but that was six years ago so I can't say if that is current policy.

Totally not true about calling the county. A citizen is not expected to pull the code and they are there to answer questions. When they give you a permit they give you a printout attached that has a list of what is code, and no doubt if you were to call for every detail instead of consulting the sheet they gave you, they would get irritated, but this is a different kind of question.

If they WANTED to enforce against tent camping on private property, which I don't think they do, I can see a way to argue it. The umbrella language over all the code you cited is that no person shall erect a structure without a permit. They then make a list of exceptions, which states that a tent can be erected under a temporary permit for certain purposes. The fact that they have an exception for tents indicates that a tent is considered a structure; if not, they would not need to make an exception for certain uses or mention tents (or mobile structures) at all. They then clarify that getting a temp permit is not a way to get around the rule that structures shall not be erected without a permit:
No tent of canvas, plastic, or similar material shall be used for residence purposes.

While that line pertains immediately to tents erected under the temp permit exception, it also reinforces the intent of the dominant clause.

However, I do not think that a pup tent or other simple camping tent that can be folded up in five minutes would in any way be called an erected structure. If a large tent were erected and used as a residence, I absolutely think that they could argue the code prohibits it. Look at the language - "erected." That implies a certain size. People don't "erect" pup tents and tiny dome tents. They set them up. A tent of size that allows walking around, and so forth, would have more engineering, more bones to it, and could be said to be "erected."