HAR §13-231-25. Exchange of berths

A permittee holding a regular mooring permit to moor in a small boat harbor may, upon approval by the department, exchange the permittee's berth with another permittee holding a regular mooring permit to moor in the same small boat harbor if: (1) The vessels are suitable for the berths as determined by the factors enumerated in section 13-231-5; (2) There is mutual agreement between the permittees; and (3) The berths to be exchanged are of the same characteristics, (e.g. category, length, size, configuration). [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-10) (Imp: HRS §§200-2, 200-4, 200-9, 200-10) §13-231-26 Use of a vessel as a place of principal habitation. (a) A vessel owner who holds a valid regular mooring permit issued by the department authorizing the owner to moor the owner's vessel in Ala Wai or Keehi small boat harbors may use that vessel as a place of principal habitation if the owner has applied for and secured a principal habitation permit issued by the department in accordance with these rules, provided that the owner and the vessel meet the requirements set forth in these rules. (b) A permit authorizing the use of a vessel as a place of principal habitation shall not be issued if the vessel is owned by a corporation. (c) No person shall be issued a permit authorizing the use of any vessel as a place of principal habitation while the vessel is moored at the following locations in Ala Wai small boat harbor: (1) Berths 23 through 79; (2) The area leased to the Waikiki Yacht Club; (3) The area leased as a marine fueling facility; and (4) A haul-out facility. 231-31 Unofficial Compilation (d) A vessel owner may utilize the owner's vessel as a place of principal habitation while moored in the area leased to the Hawaii Yacht Club if the owner has applied for and holds a valid principal habitation permit issued by the department in accordance with these rules. (e) Only the vessel owner, co-owner, the spouse or, in the alternative, one reciprocal beneficiary of each, and their legal dependents may be issued a principal habitation permit. While living together on the vessel, the vessel owner principal habitation permittee and reciprocal beneficiary shall not have a landlord-tenant relationship. The department shall retain the right to limit the total number of people allowed to live on a particular vessel based on reasonable health, safety, security, or environmental concerns for persons on the vessel, other permittees at the harbor, public use of the harbor, or the harbor itself, and may deny the issuance of a principal habitation permit if such issuance would exceed the limit determined by the department to be appropriate. (f) The owners of no more than one hundred twenty-nine vessels moored at Ala Wai small boat harbor shall be issued permits to use their vessels as a place of principal habitation. The owners of no more than thirty-five vessels moored at Keehi small boat harbor may be issued such permits. Any vessel used as a place of principal habitation that is temporarily absent from its mooring shall continue to be considered as one of the vessels being used as a place of principal habitation if the owner retains a principal habitation permit as provided in section 13- 231-11. [Eff 2/24/94; am 8/20/12; am and comp 9/25/14; am 12/31/18] (Auth: HRS §§200-2, 200-4, 200- 10) (Imp: HRS §§200-2, 200-4, 200-9, 200-10) §13-231-27 Allocation of principal habitation permits. (a) Application for a principal habitation permit; period of validity; renewal of application. (1) The first owner to file an application may be offered a principal habitation permit as 231-32 Unofficial Compilation described under subsection (e) if the maximum number of vessels authorized by Section 13-231-26(f) are not being used as the principal habitation of the owners; provided that no prior requests are pending as provided in this section. (2) If the maximum number of vessels permitted by Section 13-231-26(f) is being used as the principal habitation of the owners, an owner's application for a principal habitation permit shall be retained and honored when the total number of vessels so used is less than the maximum limit and the issuance of the permit is determined by the department to not be detrimental to the operations of the harbor or any planned use of the harbor. (A) An application for the issuance of a principal habitation permit shall be made in writing to the department by the owner on a form provided by the department. The department shall accept the application for consideration by endorsing it and entering the filing time and date on the application form submitted; one copy shall be given to the applicant. The time and date the application is endorsed by the department shall be the filing date and the effective date of the application for consideration and shall establish such applicant's seniority or priority over later applicants if the application remains valid. No application shall be accepted unless and until the application fee prescribed in these rules is paid by the applicant and review thereof has been conducted pursuant to subsection (b). (B) An application shall continue in full force and effect for a period ending 231-33 Unofficial Compilation one year from the effective date of the application, except as provided in subsection (c) unless terminated sooner in accordance with these rules. An application is void after the date of expiration indicated thereon. (C) An application may be renewed within a ninety-day period preceding its expiration date. An application properly renewed prior to its expiration date shall be valid for a period ending one year from expiration date of the previous application. No application for renewal shall be accepted until the fee prescribed in these rules is paid by the applicant. (D) It is the policy of the department to mail an application renewal notice to an applicant, prior to the expiration of the application, at the address the applicant has furnished to the department pursuant to subsection (c). However, the applicant is nonetheless responsible for the timely renewal of an application without receipt of a renewal notice from the department. (b) Review, and acceptance, or rejection of applications. (1) The department shall examine and determine the genuineness and regularity of each application and may conduct any investigation as may be deemed necessary for its examination and determination; and it may require additional information from the applicant as may be necessary to determine the genuineness and regularity of the application. (2) The department shall reject any application that contains a material misstatement or if the applicant has failed to disclose any material fact in the application. 231-34 Unofficial Compilation (3) An application shall not be accepted for consideration and shall be rejected if: (A) The application fee is not paid at the time the application is made; (B) The applicant is delinquent in the payment of any moneys due and payable to the department; or (C) The applicant has pending a citation for violation of any of the department's rules. (4) Upon rejection of an application, the department shall inform the applicant, in writing within a reasonable time, that the application has not been accepted for consideration and has been rejected and the reasons therefore. An applicant may cure the defect and reapply. (c) Applicant required to furnish address and report changes; effect of failure to report changes. (1) An applicant shall include the applicant's address in the application to the department for a principal habitation permit. (2) An applicant shall immediately notify the department in writing of any changes in the applicant's address in order to maintain the validity of his application. (3) An application shall be void if the department is unable to reach the applicant to offer the applicant a principal habitation permit at the address: (A) Appearing on the application; or (B) Furnished in writing to the department by the applicant as a change of address subsequent to submitting the application. (d) Withdrawal of application; effect if application has become void, expires, or has been withdrawn. (1) An application may be withdrawn by an applicant upon written notice to the department. 231-35 Unofficial Compilation (2) An applicant who withdraws an application or whose application has expired, or become void, may submit a new application for acceptance by the department. Seniority begins on the date the applicant's new application is accepted for consideration as provided in subsection (a)(2)(A). (e) Priority in the allocation of principal habitation permits. When the total number of vessels authorized by the department to be used as the principal habitation of the owners at Ala Wai or Keehi small boat harbors is less than the maximum number of vessels authorized to be so used pursuant to the provisions of section 13-231-26(f), the department may offer a principal habitation permit to the senior applicant eligible to receive such a permit. (f) Notice to owner of available principal habitation permit. When an offer of a principal habitation permit is provided for in this section, the department shall deliver the offer or send it by certified mail - return receipt requested, addressed to the applicant eligible to receive the offer pursuant to this section at the post office address furnished to the department in writing by the applicant. (g) Offer of principal habitation permit valid only fourteen days; written notice of intention; acceptance. (1) An applicant may decline an offer of a principal habitation permit and retain the applicant's seniority if the applicant declines the offer in writing addressed to and received by the department, not later than fourteen days after the date of receipt of the offer. An applicant who declines an offer in writing and retains the applicant's seniority pursuant to this subsection shall not be considered for another offer on the basis of the applicant's seniority until six months have elapsed since the date of the applicant's last refusal. 231-36 Unofficial Compilation (2)(A) If an applicant decides to accept the offer of a principal habitation permit, the applicant shall either: (i) Deliver a written notice of intention to accept the offer to the department within fourteen days after the date of receipt of the offer; or (ii) Accept the offer by securing a principal habitation permit, within fourteen days after the receipt of the offer. (B) The applicant's application for a principal habitation permit and the offer by the State of a principal habitation permit shall be void if the applicant fails to either secure a principal habitation permit or give notice of intent to accept or to decline the offer in writing within fourteen days after the date of receipt of the offer, and the permit shall then be offered to the next senior applicant pursuant to this section. (3)(A) An applicant who has not accepted the offer but has delivered a written notice of intention to accept to the department pursuant to paragraph (2) shall accept the offer by securing a principal habitation permit as prescribed in sections 13-231-2 and 13- 231-3 within fourteen days after the applicant mails or personally delivers the notice of intention to accept to the department. (B) Except as provided in paragraph (4) the applicant's application for a principal habitation permit, the offer by the State of a principal habitation permit and the applicant's notice of intention to accept the offer shall be void if the applicant fails to secure a 231-37 Unofficial Compilation principal habitation permit within the fourteen days as prescribed herein, and the principal habitation permit shall then be offered to the next senior applicant in accordance with these rules. (4) The department may extend the deadline for acceptance prescribed in paragraph (2) if the applicant presents evidence to the department that the granting of additional time for compliance is reasonable and essential to prevent undue hardship, provided that any extension of time for compliance shall not exceed a period of sixty days from the date the department received from the applicant a written notice of intention to accept the offer of a principal habitation permit. (5) Since time is of the essence, the offer delivered or mailed to an applicant pursuant to subsection (f) shall contain a statement that the offer will lapse unless accepted in accordance with the procedures of this section. [Eff 2/24/94; am and comp 9/25/14] (Auth: HRS §§200-2, 200-4, 200-10) (Imp: HRS §§200-2, 200-4, 200-9, 200-10) §13-231-28 Staying aboard vessels moored at Ala Wai or Keehi small boat harbor. (a) Staying aboard a vessel moored at Ala Wai or Keehi small boat harbor is prohibited except that: (1) Owners holding a valid regular mooring permit, the spouse or reciprocal beneficiary of each, their legal dependents, and their nonpaying guests, when in the company of the owner, may stay aboard the vessel without a use permit upon written notification to the department on or before the date of stay; provided that the period does not exceed any three nights in a week and a total of any one hundred twenty nights in a calendar 231-38 Unofficial Compilation year, including vessels used as a vacation site; (2) Staying aboard a vessel in excess of any three nights in a week may be permitted when done in accordance with a valid: (A) Stay aboard permit issued pursuant to section 13-231-22 (staying aboard transient or visiting vessels); (B) Stay aboard permit issued pursuant to section 13-231-29 (vessel used as a vacation site); (C) Stay aboard permit issued to a vessel owner holding a valid principal habitation permit authorizing a nonpaying bona fide guest to stay aboard the vessel in the company of the owner for a period not to exceed any thirty days in a calendar year. (b) When staying aboard in accordance with subsection (a)(1), and the stay is extended past the third day, the entire period of stay will be counted against time used as a vacation site in accordance with section 13-231-29. (c) Each harbor resident or other person authorized by the department to stay aboard a vessel in a small boat harbor in accordance with this chapter, except for those under the age of six, may secure one shower facility key. Prior to receiving the shower key, the person shall deposit with the State the amount specified in section 13-234-32. No person shall be permitted to replace a shower facility key more than two times. [Eff 2/24/94; am 8/8/11; comp 9/25/14; am 12/31/18] (Auth: HRS §§200-2, 200-4, 200-9, 200-10) (Imp: HRS §§200-2, 200-4, 200-9, 200- 10)