Haw. Code R. § 13-234-12

Current through April, 2024
Section 13-234-12 - Dry storage
(a) No person shall use any location on land under the jurisdiction of the division of boating and ocean recreation for dry storage of vessels, vessels upon trailers, empty trailers, or any other equipment or items used in connection with vessels or trailers without written authorization from the department. In order for a person's vessel or trailer, or both, to be eligible for dry storage, the following must be met:
(1) The person holds a valid use permit allowing that person to moor the vessel in a state small boat harbor;
(2) The vessel to be stored is properly registered with the department;
(3) Any trailer to be stored, whether holding a vessel or not, is properly registered and has a valid safety inspection; and
(4) The vessel or trailer, or both, to be stored are properly insured, as required by section 13-231-2.
(b) If the requirements of subsection (a) are met, the department may authorize the permittee to use a designated location on land within the harbor for which their use permit applies, subject to the exception in subsection (h), to refurbish or repair the permittee's vessel.
(c) If a vessel, trailer, or other items are stored for a period exceeding seven calendar days per calendar year, the permittee shall be required to pay a dry storage fee, as specified in this section. State holidays shall not count towards the seven-day limit on free dry storage.
(d) A permittee whose vessel is utilizing dry storage facilities shall not be entitled to a reduction in the mooring fees applicable to the permittee's temporarily vacated berth.
(e) Subject to any additional fees pursuant to subsection (g), the fee for the storage of vessels and trailers on land at a state small boat harbor shall be as follows:

(1)

Vessels stored on land,

per foot of vessel

length, cradle length,

or trailer length,

whichever is greater,

per month ...........................

..$3.00;

(2)

Empty boat trailer per month ........

$100.00;

The minimum monthly charge for vessel storage shall be $100. The charge for a storage period of less than sixteen calendar days shall be one-half of the monthly rate, with a minimum monthly charge of $50.

(f) Subject to additional fees pursuant to subsection (g), the charges for use of storage for other equipment or items used in connection with vessels or trailers shall be $1.50 per month, per square foot. The minimum charge per month shall be $25. The charge for a storage period of less than sixteen calendar days shall be one half the monthly rate, with a minimum charge of $12.50.
(g) The fees for any vessels, trailers, or other items stored on land under the jurisdiction of the division of boating and ocean recreation without written permission from the department or contrary to this section shall be as follows:

Duration of time

Fee

(1) 30 days or less

1.5 times the fees stated in subsections (e) and (f);

(2) 31-60 days

2 times the fees stated in subsection (e) and (f) for the period over 30 days;

(3) More than 60 days

3 times the fees stated in subsection (e) and (f) for the period over 60 days.

(h) A person who does not hold a valid mooring permit for a particular state small boat harbor may be permitted by the department to use a designated location on land within that harbor for a period not to exceed thirty calendar days to repair or refurbish a vessel, or twelve calendar months if utilizing the location solely for storage. The charge shall be the same as specified in subsection (e).
(i) The department shall not be responsible for any claim for loss or damage by reason of theft, fire, or any other cause in connection with any personal property stored in the designated storage area.

Haw. Code R. § 13-234-12

[Eff 2/24/94; comp] (Auth: HRS §§ 200-2, 200-3, 200-4, 200-10) (Imp: HRS §§ 200-2, 200-3, 200-4, 200-10)
Am and comp 8/23/2019