What is exempt from a Building Permit in Maui County?

How do I know when I need to apply for a building permit and how do I know which work is exempt from requiring a building permit in Maui County?

There are in fact some case in which you don’t need a Maui County Building permit by law. To learn in detail when you do not need a permit you may refer to this Maui County document here:

LF - Ord 3105

Here is the information from Maui County:

106 Permits 106.1

Permits Required. Except as specified in Section 106.2, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official.

106.2 Work Exempt from Permit.

A building permit shall not be required for the following:

1. One-story detached accessory buildings used as tool storage shed, playhouses, and similar uses, provided the floor area does not exceed 120 square feet.

2. Fences, including walls, not over 6 feet high when measured from the lowest grade to the top of the fence or wall.

3. Oil derricks.

4. Movable cases, counters, and partitions not over 5 feet 9 inches high.

5. Retaining walls which do not have more than three feet of retainage between the finish grade on each side of the wall and not greater than 6 feet in total height measured from the lowest grade to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1.

7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below.

8. Painting, papering, installation of floor covering and similar finish work, including covering and similar finish work, including cabinet work and installation of shelves.

9. Temporary motion picture, television and theater stage sets and scenery and temporary exhibits.

10. Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches.

11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pools walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons.

12. Work performed for any federal or state governmental agency when exemption is specifically requested in writing by that governmental agency.

13. Site work on property, included but not limited to sidewalks, curbs, parking lots, and planter boxes.

14. Street light standards, utility poles, not including wireless telecommunication towers, television antennas or satellite dishes.

15. Reroofing with the same or similar material for Group R, Division 3, and Group U Occupancies.

16. Agricultural buildings less than 200 square feet in floor area.

17. Repairs which involve only the replacement of component parts or existing work with similar materials for the purpose of maintenance, do not cost, in the aggregate over $2,000 in any 12-month period for Group R, Division 3, and Group U Occupancies, $5,000 in all Division 3, and Group U Occupancies, $5,000 in all other occupancies, and does not affect any electrical, plumbing or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in the type of construction, in the means of egress the type of construction, or of any permanent fixtures or equipment.

18. Television and radio antennas accessory to a Group R, Division 3 Occupancy.

19. Temporary construction toolsheds, fences, and jobsite offices on same property where construction is occurring under a valid building permit.

20. Construction equipment used for work authorized by a valid permit or for work exempted from permit requirements.

21. Playground equipment, including but not limited to, swings, merry-go-rounds, slides, jungle gyms, goals, chain-link fences, baseball backstops, dugouts.

22. Temporary tents or other coverings used for private family parties or camping. Temporary tents or other coverings for other uses, provided that the temporary tents or other coverings be removed daily and erected only between the hours of six a.m. to six p.m.

23. Work located in a right-of-way maintained by any federal, state or county governmental agency.

24. Work by an electric or telecommunication utility operating under a franchise or charter granted by the State of Hawaii; provided that the work which is not regulated by the Public Utilities Commission of the State of Hawaii shall be subject to the provisions of this Code. If the utility claims an exemption under this provision, the utility shall have the burden of demonstrating to the satisfaction of the Building Official that the work is regulated by the Public Utilities Commission.

25. Electrical, plumbing and mechanical equipment.

26. Motor vehicles with a valid certificate of registration.

Unless otherwise exempted by the appropriate plumbing or electrical codes, separate plumbing and electrical permits will be required for the above-mentioned exempted work.

Lesley Castle