Kauai County, HI Swimming Pools & Spas: Pool Permits (2026)
Swimming pool permit rules in Kauai County, HI, also covering above-ground pools, in-ground pools, and spa installations, set fencing, barrier, alarm, and inspection requirements.
Key Facts
- Exempt pools
- prefab, walls above grade, ≤5,000 gal
- Permit required
- in-ground or over 5,000-gallon pools
- Governing section
- § 105.1 permit rule, § 105.2 exemption
- Permit lapses
- 180 days without work started
- Max fine
- $2,000 or 1 year for building without one
Summary
On Kaua'i (Kaua'i County), an in-ground or above-ground residential pool needs a building permit under Section 105.1. Section 105.2 exempts only prefabricated pools accessory to a Group R occupancy whose walls sit entirely above grade and whose capacity is 5,000 gallons or less.
105.1 Required. ... No person, firm or corporation shall erect, construct, enlarge, repair, move, alter, improve, remove, convert, or demolish any building or structure in the County of Kaua'i, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building official. ... A building permit shall not be required for the following ... Prefabricated swimming pools accessory to Group R Occupancy in which the pool walls are entirely above the adjacent grade and the capacity of water does not exceed 5,000 gallons.
Full Breakdown
Section 105.1 requires a separate building permit before erecting any structure in the County, and a swimming pool counts as a structure for that purpose. Section 105.2, item 9, carves out a narrow exemption: prefabricated pools accessory to a Group R occupancy (residential use) are exempt from a building permit only if their walls are entirely above the adjacent grade and the water capacity does not exceed 5,000 gallons, which in practice covers small above-ground kits, not permanent in-ground pools or larger backyard pools. Any pool that is built into the ground, has walls below grade, or holds more than 5,000 gallons falls outside that exemption and needs a full building permit before construction, with plans checked by the building official for compliance with the Building Code and other applicable County ordinances such as the Comprehensive Zoning Ordinance and Floodplain Management chapter.
The application follows the same process as any other building permit: plans and specifications are reviewed under Section 105.3.1, the fee set by Table 1-A under Section 109 must be paid before issuance, and the permit must be posted at the site under Section 105.7 until final inspection. Like other building permits, a pool permit expires under Section 105.5 if work does not commence within 180 days, or if commenced work is suspended or abandoned for 180 days.
Violations & Fines
Constructing an in-ground or over-5,000-gallon pool without the required building permit is enforced under the same misdemeanor and civil-fine provisions as any other unpermitted construction: Section 114.2 makes it punishable by a fine of up to $2,000, imprisonment of up to one year, or both, with an administrative civil fine as an alternative, appealable to the Board of Appeals.
Frequently Asked Questions
Do I need a permit for an above-ground pool on Kaua'i?
Is an in-ground swimming pool exempt from a Kaua'i building permit?
What happens if I build a pool over 5,000 gallons without a permit?
Sources & Official References
Other rules in Kauai County
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