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Harassed by Regional District of Central Okanagan!

If you purchase a building permit in the Regional District of Central Okanagan please make sure you understand their stupid bylaws first!

If you are interested in learning how you can fight back Regional District bylaws then read this link below.

UBCM ADVISORY SERVICE - FACT SHEET SERIES #6
http://www.bestlibrary.org/ss10/files/bylaws.pdf

 

Consolidated Building Bylaw #835 - A bylaw for the administration of building regulations - $2,000 fine for contravention

Zoning Bylaw #871 - $2,000 PER DAY fine for contravention of this bylaw.

 

The Regional District of Central Okanagan plays dirty... they don't mention anything to you about living in your occupied residence while they are inspecting, but instead they write you a registered letter the next day after the inspection (of which they were not permitted to inspect the whole building) saying they are going to place a notice on the title of your property.  Inspecting one room and seeing another room with something in it constitutes someone living there according to the Chief Building Inspector Ray Paterson ... at least this is what happened in my case.  But a bed does not necessarily constitute someone occupying space.  There is nothing in the building bylaw that I can see that says you cannot store anything in your building as Ray Paterson informed me.  Ray Paterson is an adult bully in my opinion, for more than one reason.

 

This building permit was taken out in 2002 and its not finalized yet.... so what?  I can't afford a bank.  Why do I have to live in an RV, mobile home or little shack beside my house or outside this winter when I have a house to live in???  What is wrong with people to do this to someone... do they have no compassion and no brain?

 

Regional District of Central Okanagan
BUILDING BYLAW NO. 835
Consolidated
(includes Bylaw No. 901-2000)


1. DEFINITIONS
1,1 In this bylaw the following definitions shall apply:

f) "Completion Certificate" means an occupancy permit.

j) "Occupancy" means that use or intended use of a building or part thereof for the shelter or support of persons, animals or property.

k) "Occupancy Permit" shall mean an inspection form, corresponding with the occupancy inspection, which shows that the Inspector considered that no further inspections were necessary and that the project authorized by the permit was considered to be complete and ready for use at the time of the occupancy inspection.

found on page 2
http://www.regionaldistrict.com/docs/bylaws/Consolidated Bylaws/Consolidated Building Bylaw 835.pdf

 

Notice the building permit says no indoor plumbing, and there is a permit for an outhouse (pit privy), and also that potable water is to be hauled!

I was constantly harassed to have a building inspection every 9 months to the date by the Regional District of Central Okanagan.  I had every inspection within the time limit of every 9 months that was demanded of me by RDCO.  Building Bylaw #835 states a permit expires if no progress is made within one year.  Now the Regional District of Central Okanagan have threatened me with a title notice being placed on the property.

 

I signed the building permit under duress because I was homeless!

If I don't finish building within 2 years I loose a few hundred dollars of surcharge I paid for my building permit which I call rape.  This type of rape is lawful rape.  But I was willing to get through the rape so I could have a house to live in.  But after being raped of my money, I still don't have a house to live in? 

The Regional District of Central Okanagan Building Inspector Ray Paterson I feel has bullied me, just look at what he wrote on the building inspection report.  He wrote slow, no change when there was change.

 

PROGRESS VERY SLOW, NO CHANGE?
Progress very slow, no change?? Regional District of Central Okanagan Inspection Report 2009
This inspection took place on July 2, 2009 and so the inspector must have wrote June by mistake.
And how is there no change???
Does it not say frame of addition not approved??  Did Ray Paterson not inspect an addition??  The addition is part of the same permit to build the house.  RDCO Ray Paterson is an adult bully in my opinion!!

 

 

Stop Adult Bullying

 

And think about it, why are people forced to go to a bank to build their home.  It costs 3 times the price of the home to go to the bank for a mortgage!!!  People are forced to pay for the water someone else wants so the bank can make RECORD PROFIT, and the neighbours can up the value of their property and I am forced out and have to help pay for the water system they want?  I don't think so!

It is no wonder the banks are making record profits.  Isn't it because everyone is forced to use a bank while they build their home??

I can't afford the bank to make record profits off me!

 

Honestly I feel it getting crazier over last 47 years!  Sometimes I am so shocked by laws it's unbelievable!

 

Regional District of Central Okanagan - Bylaw # 835

A permit shall be considered to be expired if:

a) The project authorized by the permit is not started within 6 (six) months from the date of issuance of the permit ; or

b) The work, once started, is suspended or discontinued for a period of one year.

8.5 Where a project authorized by a permit is not started and the permit is cancelled or expired, the Region will refund fees as follows:

a) Permits having a total permit fee of $200.00 or less - no refund shall be allowed.

b) Permits having a total permit fee of more than $200.00 - 50% of the permit fee in excess of $200.00 shall be refunded.

8.6 Where a permit is cancelled or expired, the owner shall obtain a new permit before any further work on the project is done.

Why should the Regional District charge twice for the same service (building permit) and a notice be placed on title... isn't that unfair and kinda extreme?  Does the RDCO believe that the building will be built faster by charging more money and that the property won't necessarily have to be sold instead?

8.7 A permit for a temporary mobile home , as authorized in the Regional District of the Central Okanagan Zoning Bylaw, shall be valid for a period of 1 (one) year . Such permit is renewable for further 1 (one) year periods, subject to the requirements of the zoning bylaw and payment of permit renewal fees as specified in Schedule "H" of this bylaw.

8.8 A permit for a temporary building shall be valid for the length of time specified on the permit, but not more than 1 (one) year . Such permit is renewable for further 1 (one) year periods , subject to payment of permit renewal fees as specified in Schedule "H" of this bylaw. In no case shall a permit for a temporary building authorize such a building to be located on the same property for more than 4 (four) years as a temporary building.

8.9 A recreational vehicle may be used as a temporary building at a site for a single family dwelling project where a permit has been issued and construction is occurring for the dwelling on the same site. Such recreational vehicle may be used as a temporary building during the construction period of the dwelling, but not longer that 1 (one) year from the date of issuance of the permit for the dwelling.

How people get through the winter living in an RV is beyond me, and why would anyone want to do that to someone?  Let them live in their 1/2 built house for crying out loud!  Making people buy an RV or shed or temporary mobile home does not help them money wise to build their house any faster, so what is the point of these charges?  To me this is all a cash pig and its inhuman to boot!

8.10 Neither the issuance of a permit under this bylaw nor the acceptance and/or review of plans, drawings, or specifications and/or supporting documents, nor any inspections made by or on behalf of the Region shall in any way relieve the owner from full and sole responsibility to perform the work in strict accordance with this bylaw.

Well then let the owner make the rules if it is the owners responsibility!  Why is the Regional District making up the rules for the owners?

8.11 It shall be the full and sole responsibility of the owner to carry out the work in respect of which the permit was issued in compliance with the CURRENT EDITION of the code and this bylaw and all other applicable codes and standards and enactments.

8.12 Neither the issuance of a permit under this bylaw nor the acceptance and/or review of plans, drawings or specifications and/or supporting documents, nor any inspections made by or on behalf of the Region constitute in any way a representation, warranty, assurance, or statement that the CURRENT EDITION of the British Columbia Building Code, this bylaw or any other applicable codes, standards or enactments have been complied with.

8.13 No person shall rely upon any permit as establishing compliance with this bylaw or assume or conclude that the bylaw has been administered or enforced according to its terms. The person to whom the building permit is issued and his or her agents are responsible for making such determinations.

http://www.regionaldistrict.com/docs/bylaws/Bylaws/Bylaw0835.pdf

 

I received a letter saying I am in contravention of the Regional District of Central Okanagan building bylaw, because I am storing some stuff in my house including two fridges a couch and an older bed ... apparently I am living in my unfinished house now.  Not permitted to store stuff in my house according to the Chief Building Inspector Ray Patterson.  I don't see anywhere in the bylaw that says storage of personal items are not permitted while building?

I did not get my stucco exterior finished within two years (building bylaw #835 contravention) because I cannot do the stucco until the drywall is done or the stucco may crack. I cannot build a whole house within 2 years or 4 years ... sorry.

This is an unreasonable bylaw to make someone finish building their house within two years if they are doing a stucco exterior for fire protection!!!

This two year limit to have the exterior finished is unreasonable to say the least because it means you have to have your whole house finished in 2 years if you are doing stucco.

I am tired of being harassed by the Regional District of Central Okanagan.

I have to drive my garbage 16 km's because that is the closest service in the North Westside Road area and then RDCO hauls it way out by the Kelowna airport.  I feel the government wants to kill me by polluting the air and delivering my garbage from the transfer station in the North Westside all the way out by the Kelowna Airport to the Glenmore Landfill from the Vernon side of Westside Road which costs more in air pollution plus the money.

The government let Terrace Mountain fire burn freely at first, and evacuated me as well.  More air pollution!

Why would I want to live in the Regional District of Central Okanagan?  I can find just as nice a place and lake elsewhere!

 

If you care to read the

Regional District of Central Okanagan Consolidated Building Bylaw #835 includes Bylaw #901

Regional District of Central Okanagan Building Bylaw #835

RDCO Building Amendment Bylaw #901 (2000)

RDCO Planning Bylaws

 

The Regional District of Central Okanagan are changing the building permit policy now.

 

The following .pdf's are copied from RDCO's website and converted using OCR software so that they are copy and pasteable, plus searchable, unlike the .pdf's on RDCO's website.  By the way this point was brought up to RDCO whom refused to do anything about it.  My opinion on that is that Regional District would rather you know the least amount possible.  And why do government hold meetings behind closed doors anyway?  Things really do need a humongous change! There is no claim that these files were rendered correctly or completely, so please do not rely on these files as such.  Use these files at your discretion, or use the green links below that link directly to RDCO's website to the original files.

May 25, 2009 Regional Board Agenda
May 25, 2009 Regional Board Agenda - Item 6.2 Building Violation
May, 25, 2009 Regional Board Minutes

June 22, 2009 Regional Board Agenda
June 22, 2009 Regional Board Agenda - Item 6.2 Building Violation 084-6808 Westside Road
June 22, 2009 Regional Board Agenda - Item 6.3 Building Violation 5-1750 Westside Road
June 22, 2009 Regional Board Minutes

July 9, 2009 Regional Board Agenda
July 9, 2009 Regional Board Agenda - Item 1.1 Bylaw Contravention Notice
July 9, 2009 Regional Board Minutes

July 9, 2009 Governance and Services Committee Agenda
July 9, 2009 Governance and Services Committee Agenda - Item 5.3 Bylaw Contravention Notice
July 9, 2009 Governance and Services Committee Minutes

5 more Building Bylaw Violations Sept 21, 2009 Regional Board Agenda

RDCO Consolidated Building Bylaw # 835 - Consolidates Bylaws # 835 and # 901

RDCO Building Bylaw # 835 (1999) - Repeals Bylaw No. 384

RDCO Building Bylaw # 901 (2000) - Amends Bylaw No. 835

Officers and Employees Bylaw # 900 (2000) - Amended By Bylaw Nos. 995 & 1228
A bylaw to establish the officer positions and to establish the powers, duties, and responsibilities of such officers

Officers and Employees Amendment Bylaw No. 995, 2002 - Amends Bylaw No. 900

Officers and Employees Amendment Bylaw No. 1228, 2008 - Amends Bylaw No. 900

Building Inspection Extended Service Establishment Bylaw # 400 (1989)
to establish and operate the extended service of Building Inspection
for all of the Regional District not within a Municipality

RDCO Zoning Bylaw # 871

RDCO Consolidated North Westside Road Official Community Plan Bylaw #785

---------------------------------

These links below in green are directed at RDCO's official website

Regional Board Agenda and Minutes

Governance and Services Committee Agenda and Minutes

RDCO Bylaws Index

Building Inspection Extended Service Establishment Bylaw # 400 (1989)
to establish and operate the extended service of Building Inspection
for all of the Regional District not within a Municipality

Consolidated Building Bylaw # 835 - Consolidates bylaws # 835 and # 901

Building Bylaw # 835 - Repeals Bylaw No. 384

Building Bylaw # 901 (2000) - Amends Bylaw No. 835

Officers and Employees Bylaw # 900 (2000) - Amended By Bylaw Nos. 995 & 1228
A bylaw to establish the officer positions and to establish the powers, duties, and responsibilities of such officers

Officers and Employees Amendment Bylaw No. 1228, 2008 - Amends Bylaw No. 900

Officers and Employees Amendment Bylaw No. 995, 2002
- Amends Bylaw No. 900

-------------------------------------------

BC Government
Housing and Construction Standards
Building and Safety Policy Branch

The ministry's Building and Safety Policy Branch is responsible for developing and implementing a modern legislative framework for regulating safety in the design, construction and occupancy of buildings. The branch works to balance the safety, economic and social concerns in building regulation for all British Columbians.

-------------------------------------------

The 2006 BC Building Code and 2006 BC Fire Code use a new objective-based format. The objectives describe the overall goals that the Codes’ provisions are intended to achieve. All requirements in the Codes are linked to one or more main objectives. Minimum prescribed requirements have been renamed acceptable solutions.
http://www.housing.gov.bc.ca/building/code/index.htm

-------------------------------------------

Electrical and Gas

Safety Standards
BC Government Website

Safety Authority Act
 BC Laws Website

Safety Standards General Regulation
BC Laws Website

Safety Standards Act
BC Laws Website

Safety Standards Act
[SBC 2003] CHAPTER 39
This Act is Current to Sept 16, 2009

Definitions
1 In this Act:

"premises" means land, a building or a structure in, on or under which a regulated product is located or where regulated work is done;

"residence" means premises designed for use as a private dwelling, and any other building or structure adjacent to those premises that is intended for the private use of the owner or occupier of those premises;


Powers of safety officers

18 (1) For the purposes of this Act and in the course of performing their duties, safety officers may exercise any or all of the following powers and any other powers assigned to them under the regulations:

(a) issue, suspend or revoke a permit under this Act;

(b) when issuing a permit, include terms and conditions;

(c) if satisfied that there are reasonable grounds to do so, enter any premises at any reasonable time for the purpose of

(i) inspecting regulated work, regulated products and records respecting regulated work or regulated products, or

(ii) investigating any incident;

(d) inspect all regulated products and regulated work found on any premises by a safety officer;

continued

Disclosure, cooperation and assistance to safety managers and safety officers

19 (1) Every person who is subject to this Act and the regulations must cooperate with safety managers and safety officers in the performance of their duties, and provide to them any equipment or assistance that is reasonably necessary.

(2) An owner and the person in charge of the premises must take all necessary precautions to ensure the safety of people and property while safety managers and safety officers carry out their duties.

(3) A licensed contractor or other person performing regulated work must disclose to a safety manager or safety officer any regulated product or regulated work that creates a risk of personal injury or damage to property.

(4) An employer must not dismiss, suspend, lay off, penalize, discipline or discriminate against any person if the reason for doing so is in any way related to the disclosure referred to in subsection (3).

Operation and use of regulated products

69 (1) If required by the regulations, a person must not operate a regulated product unless that person is

(a) a licensed contractor,

(b) authorized to do so under this Act, or

(c) any other person approved by the appropriate safety manager if the safety manager is satisfied that the person is capable of safely operating the regulated product.

(2) A person must not use or possess a regulated product unless

(a) it bears a certification mark,

(b) the regulations provide for notice of the certification to be posted on the premises where the regulated product is found and the notice of the certification is posted, or

(c) it is exempted by regulation for the purposes of this section.

(3) A person must not use a regulated product in a manner that is unsafe or that creates a risk of personal injury or damage to property.

http://www.bclaws.ca/Recon/document/freeside/-- S --/Safety Standards Act  SBC 2003  c. 39/00_03039_01.xml

 

Modernization Strategy and Consultation

In January 2006, the Province initiated the Modernization Strategy to respond to the need for change in the building regulatory system – the system for achieving safety in the design, construction and occupancy of buildings.

http://www.housing.gov.bc.ca/modernization/index.htm

Bill 10

 

REGIONAL DISTRICT OF CENTRAL OKANAGAN
OFFICERS AND EMPLOYEES BYLAW NO. 900, 2000

SCHEDULE "D"

Powers, Duties and Functions of the Director of Inspection Services
The Director of Inspection Services:
General Administration

[a] hold the titles of :

  Chief Building Inspector
  Chief Plumbing Inspector
  Soils Removal Officer

  and shall oversee the responsibilities and day to day operations of those departments;

[b] has responsibility for and administer the day to day operations of building inspection, plumbing inspection, soil removal, dog control, weed control and other bylaw enforcement and all together, these services shall constitute the Inspection Services Department;

[c] supervise the implementation of Board directives and directives of the Chief Administrative Officer;

[d] prepare estimates of revenue and expenditure for the operation of the department as may be required and shall administer these budgets throughout the fiscal year;

[e] ensure that all fees are paid in relation to applications; Human Resources

[f] supervise and direct the affairs of the employees of the Inspection Services in their day to day activities;

[g] has the authority to authorize overtime within the department;

[h] has the authority to hire and appoint employees for the Inspection Services Department for whom provision is made by the Board and who are required;

[i] has the authority to discipline employees in the Inspection Service Department and dismiss employees for cause or when they are no longer required;

[j] act for the Regional District in the first and/or second or like step of any grievance procedure pursuant to the provisions of any collective agreement covering employees under his/her jurisdiction as well as administering the collective agreement as it pertains to employees under his/her jurisdiction;

Additional Powers and Duties

[k] perform such other duties as may be assigned from time to time.

http://www.regionaldistrict.com/docs/bylaws//Bylaws/Bylaw0900.pdf

-----------------------------------------------------------------------------------

REGIONAL DISTRICT OF CENTRAL OKANAGAN
OFFICERS AND EMPLOYEES BYLAW NO. 900, 2000

SCHEDULE "J"

I, " having been appointed to the Office of ______________ for the Regional District of Central Okanagan do hereby promise and swear:

(a) I will faithfully, honestly and impartially, to the best of my knowledge and ability, execute the powers, duties and functions of my Office;

(b) I will treat all matters and information that comes to my attention, as a result of my Office, in confidence;

(c) I have not received, nor will I receive or accept any payment or reward, or promise of either, in return for the exercise of my powers, duties and functions, other than as permitted by the Regional District;

(d) I will not allow my personal interests to conflict with the duties of my Office; and

(e) I will comply with all policies and directives of the Regional District and comply with all laws.

http://www.regionaldistrict.com/docs/bylaws//Bylaws/Bylaw0900.pdf

------------------------------------------------------------------------------------

http://www.regionaldistrict.com/docs/bylaws//Bylaws/Bylaw0995.pdf - amends bylaw 900

http://www.regionaldistrict.com/docs/bylaws//Bylaws/Bylaw1228.pdf - amends bylaw 900

 

ITEM #3(a)
September 21, 1994
B.C. COMMUNITIES AGENDA

TO: UBCM Members
FROM: UBCM Executive
DATE: September 19, 1994
RE: FOUNDATIONS FOR BUILDING
REGULATION: EXECUTIVE
SUMMARY
Appendix C

1. ROLES AND RESPONSIBILITIES

UBCM RESPONSE:

• If the province accepts the need, in terms of broad public policy, for a building regulatory system (and as part of that a Building Code, etc.) then it must assume responsibility for defining certain basic roles and responsibilities in regulation.

http://ubcm.fileprosite.com/content/pdfstorage/2492610345252005114013AM53588.pdf

 

And how can I secure my property not living there?

Because of the bylaw I need to hire a security guard now?  This is getting ridiculous!

RDCO Bylaw #835 leaves property owners building a home vulnerable to thieves which puts everyone's insurance rates up!

 

Minutes of the REGULAR BOARD MEETING of the Regional District of Central Okanagan held at Regional District Offices, 1450 KLO Road, Kelowna, B.C. on Monday, May 25, 2009

6.2 Building Violation - Lot 9, Plan 20608, District Lot 2922, 7968 Alpine Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Hull (All Directors - Unweighted Vote)

#124/09 EDGSON/BAKER

THAT the Regional District Board direct that a notice be filed on the tile of Lot 9, Plan
20608, O.D.Y.D., pursuant to Section 57 of the Community Charter Act, and pursuant to
that section of the Community Charter Act, further information regarding the notice be
limited to the fact that:

1. The construction of a residential addition, built under authority of Building Permit #1890/04, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw No. 835.

CARRIED

The question was raised why staff wait so long before coming forward with a recommendation to place a Notice on Title, for example in the above building violation it has been outstanding for three years? The concern is that the owner may sell their property in the meantime without the buyer knowing there are outstanding building permit issues with the property. Staff noted that they try to cooperate with residents who are making progress on outstanding building violations and that in some cases it can take a few years to complete.

#125/09 SHEPHERD/FINDLATER

THAT staff be directed to develop a Building Violation Policy to include timelines for completion and notices to the Board and report back to the Governance and Services Committee.

CARRIED

look on page 4
http://www.regionaldistrict.com/docs/boards_committees/mins/2009/09_05_25brdmin.pdf

 

By the way, the HULL house mentioned in this board meeting has a sold sign in front of it now.

These are houses for sale in Fintry on the MLS website

These are houses for sale along Westside Road from the MLS website

These are bare lots for sale along Westside Road (Kelowna) from the MLS website

These are bare lots for sale along Westside Road (Vernon) from the MLS website

 

This is not a cash cow, its a cash pig.

 

REGIONAL DISTRICT of CENTRAL OKANAGAN

Regional Board Report June 22, 2009
Agenda No: 6.2

To: Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: April 29, 2009
SUBJECT: Building Violation, Strata Lot 84, Strata Plan KAS2428, District Lot 3849
84 - 6808 Westside Road (Central Okanagan West Electoral Area)
Notice to be Placed on Title - Owner: 0697133 B.C. Limited
Date of Meeting: June 22, 2009
RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title of Strata Lot 84, Plan KAS2428,
O.D.Y.D. , pursuant to Section 57 of the Community Charter Act, and pursuant to that section of
the Community Charter Act, further information regarding the notice be limited to the fact that:
1. The construction of a single family dwelling (resort cabin), built under the authority of Building Permit #3879/06,
has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw # 835.
BACKGROUND:
On July 27, 2006, Building Permit #3879/06 was issued, authorizing the construction of a single
detached house (resort cabin) on the above noted property. To date, the
project has not received final approval from this office. The following attempts have been made to have the
permit progress to be finalized:

1. A letter was forwarded to the owner in this regard on October 9, 2008 indicating there
has been no progress and no inspections since a footing inspection carried out September 26, 2006.

On October 21, 2008, an extension was given to December 2, 2008 and the owner was advised of two options:
Proceed with Title Notice.
Remove footings, sewer and water from the site and have the permit cancelled.

2. On February 6,2009 a letter was sent with an extension to April 2, 2009.
The owner has been notified of the date, time and location of the meeting which will deal with
this report.

---

April 29, 2009
Certified LP 096 216 XXX and Regular Mail
0697133 B.C. Limited
700 - 650 Georgia Street
Vancouver BC V6B 4N8

Dear Sir,
Attention: Dave Henwood

Re: Building Bylaw Violation, Notice to be Placed on Title
Strata Lot 84, Strata Plan KAS2428, District Lot 3849, 84·6808 Westside Rd.

Please be advised that the attached report has been prepared for the Regional District of Central Okanagan Board of Directors.  If this recommendation is accepted, a notice will be filed on the property title in the Land Title Office, stating that:

a) A resolution relating to that land has been made under Section 57 of the Community Charter Act.

b) Further information respecting it may be inspected at the office of the Regional District of Central Okanagan.

Please note that the information relating to the notice will be restricted to the facts
outlined in the accompanying report.

Be advised also that once a title notice is formally registered on the title of the property,
a new permit will be required in order to complete the work, have it inspected and the
title notice subsequently removed.

The report will be dealt with at the June 22, 2009 meeting of the Regional District of
Central Okanagan Board of Directors, to be held at the Regional District of Central
Okanagan Office at 1450 K.L.O. Road, Kelowna, B.C., at 7:00 p.m.

----------------------------------------------

Regional Board Report June 22, 2009
Agenda No. 6.3

FROM: Ray Paterson, Chief Building Inspector
DATE: April 30, 2009
SUBJECT: Building Violation, Strata Lot 5, Strata Plan KAS1512, District Lot 2186
5 - 1750 Westside Rod (Central Okanagan West Electoral Area)
Notice to be Placed on Title - owner: Zettl
Date of Meeting: June 22, 2009

RECOMMENDATION:
That the Regional Board direct that a notice be filed on the title of Strata Lot 5, Strata Plan KAS1512, District Lot 2186, O.D.Y.D. pursuant to Section 57 of the Community Charter Act, and pursuant to that section of the Community Charter Act, further· information regarding the notice be limited to the fact that:

1. The construction of an in-ground pool, built under the authority of Building Permit #1493/04, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw #835.

BACKGROUND:
On June 1,2004, Building Permit #1493/04 was issued authorizing the construction of
an in-ground pool on the above note property. To date, the project has not received final
approval from this office
. The following attempts have been made to have the permit
finalized:

1. A letter was forwarded to the owner in this regard on January 22, April 9, May 12,
July 18, October 30 and December 2, 2008.

The owner has been notified of the date, time and location of the meeting which will
deal with this report.

---

April 30, 2009
Certified LP 096218435 and Regular Mail
Lynnette lettl
5 - 1750 Westside Road
Kelowna BC V1Z 3R9

Dear Ms. Zettl:

Re: Building Bylaw Violation, Notice to be Placed on Title
Strata Lot 5, Strata Plan KAS1512, 5 - 1750 Westside Road

Please be advised that the attached report has been prepared for the Regional District of Central Okanagan Board of Directors. If this recommendation is accepted, a notice will be filed on the property title in the Land Title Office, stating that:

a) A resolution relating to that land has been made under Section 57 of the Community Charter Act.

b) Further information respecting it may be inspected at the office of the Regional District of Central Okanagan.

Please note that the information relating to the notice will be restricted to the facts outlined in the accompanying report.

Be advised also that once a title notice is formally registered on the title of the property, a new permit will be required in order to complete the work, have it inspected and the title notice subsequently removed.

The report will be dealt with at the June 22, 2009 meeting of the Regional District of Central Okanagan Board of Directors, to be held at the Regional District of Central Okanagan Office at 1450 K.L.O. Road, Kelowna, B.C., at 7:00 p.m.

----------------------------------------------

Minutes of the REGULAR BOARD MEETING of the Regional District of Central Okanagan held at Regional District Offices, 1450 KLO Road, Kelowna, B.C. on Monday, June 22, 2009

6.2 Building Violation - Strata Lot 84, Strata Plan KAS2428, District Lot 3849, 84-6808 Westside Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: 0697133 B.C. Limited (All Directors - Unweighted Vote) WITHDRAWN FROM AGENDA

6.3 Building Violation - Strata Lot 5, Strata Plan KAS 1512, District Lot 2186, 5-1750 Westside Road (Central Okanagan West Electoral Area) Notice to be placed on Title - Owner: Zetti (All Directors - Unweighted Vote)

EDGSON/OPHUS

THAT the Regional Board direct that a notice be filed on the title of Strata Lot 5, Plan KAS1512, District Lot 2186, O.D.YD. ,pursuant to Section 57 of the Community Charter Act, and pursuant to that section of the Community Charter Act, further information regarding the notice be limited to the fact that:

1. The construction of an in-ground pool, built under the authority of Building Permit #1493/04, has not been finalized, which is a violation of Regional District of Central Okanagan Building Bylaw #835.

CARRIED

look on page 7
http://www.regionaldistrict.com/docs/boards_committees/mins/2009/09_06_22brdmin.pdf

 

Looks like a new or revised building bylaw is on its way in.  Keep reading.

 

DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT REPORT
For the Governance & Services Committee July 9, 2009

TO: Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: June 25,2009
SUBJECT: Inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice

RECOMMENDATION:
That the Regional Board endorse the following policy for closing inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice:

1. Building Permits that are inactive for more than a one year period.
2. Buildings that are occupied without approval where occupancy has not been granted - regardless of time frame.
3. Building Permits that are still active but are still not completed within
four years from the date of permit issuance.

PURPOSE:
To examine the Procedure and Timing of Bylaw Contravention Notices on property titles
where Building Permits are incomplete or unsafe conditions exist.

BACKGROUND:
The method of closing Building Permits is an on-going process. Regional District of Central Okanagan Building Bylaw #835 stipulates that the exterior finish of a building be
completed within one year from the date of Permit issuance
.
The Building Permit is supposed to be completed within two years. The surcharge ($200.00, $100.00 or $50.00 depending on permit fee) is not refunded unless the permit is completed with two years from the date of issuance.  For the most part the surcharge has been an incentive for permit holders to complete their project within the two years in order for the refund of the surcharge. Within the Regional District there also exists a large number of non-permanent residents that do not the need or desire to complete their project within a timely manner. As long as the project proceeds and the work does not stop for more than a six month period the permit file remains active. When a Building Permit exists that is either older than two years or has not received an inspection within six months, the owner is sent a letter requesting a status update for the permit.  Staff have developed a system for keeping track of the permit status. If we are not successful in dealing with the permit holder, additional letter(s) are sent informing them of a report to the Regional Board requesting a Notice be placed on the property title. Our Staff will send four to five letters to the property owner before a Report is sent to the Regional Board.  We have taken this approach for two reasons;
It provides the owner time to complete their permit if they are so inclined and shows due diligence on our part to bring closure to the permit file.

There are approximately three hundred and fifty-four open permits. All of the permits have been reviewed. Permits that have been inactive or non-compliant are being dealt with through our letter procedure.

Review of Bylaw Contravention Notice
A Bylaw Contravention Notice is placed on a Certificate of Title to limit the liability of the Regional District of Central Okanagan. The reasons for implementing this process are:

1. Failure to complete a Building Permit to the minimum standards as required by the Regional District of Central Okanagan Building Bylaw, B.C. Building and Plumbing Code.

2. Failure to obtain a Building Permit for buildings/structures constructed without approval.
The process of placing a Bylaw Contravention Notice on Title has been effective. Prospective purchasers are made aware of potential problems. As a result, the Bylaw Contravention is occasionally removed or a new Building Permit is obtained to correct deficiencies and to remove the Bylaw Contravention Notice.

 

Nowhere in building bylaw #835 does it currently say that a building is to be finalized within 2 years!

 

Minutes of the SPECIAL BOARD MEETING of the Regional District of Central Okanagan held at Regional District Offices, 1450 KLO Road, Kelowna, B.C. on Thursday, July 9, 2009

1.1 Inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice

Staff report dated June 25, 2009 provided the background and purpose for implementing a Board policy on bylaw contravention notices.

#164/09 BAKER/SHEPHERD

THAT the Regional Board endorse the policy for closing inactive building permits/stop work orders with a bylaw contravention notice:

1. Building Permits that are inactive for more than one year period.

2. Buildings that are occupied without approval where occupancy has not been granted, regardless of time-frame.

3. Building Permits that are still active but are not completed within four years from the date of permit issuance.

CARRIED

look on page 1
http://www.regionaldistrict.com/docs/boards_committees/mins/2009/09_07_09Specialbrdmin.pdf

 

Governance and Services Agenda July 9, 2009

Item 5.3 Bylaw Contravention Notice
DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT REPORT
For the Governance & Services Committee July 9, 2009

TO: Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: June 25,2009
SUBJECT: Inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice

RECOMMENDATION:
That the Regional Board endorse the following policy for closing inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice:

1. Building Permits that are inactive for more than a one year period.

2. Buildings that are occupied without approval where occupancy has not been granted - regardless of time frame.

3. Building Permits that are still active but are still not completed within four years from the date of permit issuance.

PURPOSE:
To examine the Procedure and Timing of Bylaw Contravention Notices on property titles
where Building Permits are incomplete or unsafe conditions exist.

BACKGROUND:
The method of closing Building Permits is an on-going process. Regional District of Central Okanagan Building Bylaw #835 stipulates that the
exterior finish of a building be completed within one year from the date of Permit issuance. The Building Permit is supposed to be completed within two years. The surcharge ($200.00, $100.00 or $50.00 depending on permit fee) is not refunded unless the permit is completed with two years from the date of issuance.

For the most part the surcharge has been an incentive for permit holders to complete their project within the two years in order for the refund of the surcharge.  Within the Regional District there also exists a large number of non-permanent residents that do not the need or desire to complete their project within a timely manner.

As long as the project proceeds and the work does not stop for more than a six month period the permit file remains active.

When a Building Permit exists that is either older than two years or has not received an inspection within six months, the owner is sent a letter requesting a status update for the permit.

Staff have developed a system for keeping track of the permit status. If we are not successful in dealing with the permit holder, additional letter(s) are sent informing them of a report to the Regional Board requesting a Notice be placed on the property title.

Our Staff will send four to five letters to the property owner before a Report is sent to the Regional Board. We have taken this approach for two reasons;

It provides the owner time to complete their permit if they are so inclined and shows due diligence on our part to bring closure to the permit file.

There are approximately three hundred and fifty-four open permits. All of the permits have been reviewed. Permits that have been inactive or non-compliant are being dealt with through our letter procedure.

Review of Bylaw Contravention Notice
A Bylaw Contravention Notice is placed on a Certificate of Title to limit the liability of the Regional District of Central Okanagan. The reasons for implementing this process are:

1. Failure to complete a Building Permit to the minimum standards as required by the Regional District of Central Okanagan Building Bylaw, B.C. Building and Plumbing Code.

2. Failure to obtain a Building Permit for buildings/structures constructed without
approval.

The process of placing a Bylaw Contravention Notice on Title has been effective. Prospective purchasers are made aware of potential problems. As a result, the Bylaw Contravention is occasionally removed or a new Building Permit is obtained to correct deficiencies and to remove the Bylaw Contravention Notice.

------------------------------

Minutes of the GOVERNANCE & SERVICES COMMITTEE meeting of the Regional District of Central Okanagan held at Regional District Offices, 1450 KLO Road, Kelowna, B.C. on Thursday, July 9, 2009

Inspection

5.3 Inactive Building Permits/Stop Work Orders with a Bylaw Contravention Notice

Staff report dated June 25, 2009 outlined recommendations on how the Regional District can deal with inactive building permits/stop work orders with a bylaw contravention notice. Concern had been expressed that the Regional District may be allowing too much time for owners to comply with regulations.

#GS60/09 BAKER/EDGSON
THAT the Governance and Services Committee recommends to the Regional Board to endorse the policy for closing inactive building permits/stop work orders with a bylaw contravention notice:

1. Building Permits that are inactive for more than a one year period.

2. Buildings that are occupied without approval where occupancy has not been granted, regardless of time-frame.

3. Building Permits that are still active but are not completed within four years from the date of permit issuance.

CARRIED

 

When the Chief Building Inspector came out to inspect he didn't say a word about any contraventions at that time.  The very next day after the inspection a registered letter was sent out by the Building Inspector Ray Paterson saying there is a contravention of Bylaw #835.

 

The house is up for sale now, and a notice was threatened to be placed on title August 24, 2009 but is now postponed.  If the Regional District places notice on title the new owners will have to buy a new building permit to have the notice removed from title, because I am not buying another building permit!

see pages 33-34  Schedule "G" and "H" of building bylaw #835 shows some of the fees.

A new building permit will cost me over $1,000.00

Terrace Mountain Fire at 9pm July 19, 2009
This is the Terrace Mountain fire as seen from my yard!

 

 


As seen from my front door!

 


Terrace Mountain Fire July 18, 2009 - August 28, 2009

 

No homes were threatened the news said, and then we were evacuated.  The next thing you know we get to go home for a day just to be evacuated again August 1, 2009.

-------------------------------

From BC Forestry Website

Terrace Mountain (K50720)
Location: Terrace Mountain, 38k on Steward FS Road
See approximate location on a Mapquest map

Discovered: Saturday, July 18, 2009

Size: 9,277.0 ha (estimated)

Status: Active
• 98% contained
Great progress is being made; the area received lots of precipitation.

Interface: Interface Fire


Evacuation Order is in effect.

The evacuation order remains in effect Fintry High Farm and District lots off South Terrace Main, as do other evacuation alerts.
For more information on evacuations please call the Emergency Operations Centre at 1-888-350-6070 (public), and for media (250) 469-8493.

More information
The Restricted Area Order has been lifted for Whiteman Creek Forest Service Road and Bear Creek Forest Service Road. This is still an active fire area and public should refrain from activities in this area for their safety and that of firefighting crews.

Cause: Human
The fire is human-caused, details are under investigation.


Resources
• 239 firefighters
• 5 helicopters
• 35 heavy equipment
A total of 388 personnel are now working on the Terrace Mountain Fire.

Map & Photos: See the 19 files for this fire.

Last updated: 8/16/2009 11:31:00 AM (#534)

 

From BC Forestry Website

Terrace Mountain (K50720)
This is the final update for the 'Terrace Mountain' fire; no further updates will be posted on this website as it is no longer considered to be a Wildfire of Note. If you require updated information on this fire, please contact the Kamloops fire centre.

Last updated: Friday, August 28, 2009 at 8:08 PM

Location: Terrace Mountain, 38k on Steward FS Road
• See approximate location of this wildfire on a Mapquest map.
• View an interactive map of all active Wildfires of Note. (This fire has been archived so it will no longer be displayed on the interactive map.)

Discovered: Saturday, July 18, 2009

Size: 9,277.0 ha (estimated)

Status: Active
• 100% contained
Crews are mopping-up to keep the fire within the existing containment,

Interface: Interface Fire


Previous evacuations have been rescinded.

All alerts and orders have been rescinded, for more information please call the Emergency Operations Centre at 250-469-8490.

More information
The Restricted Area Order has been lifted for Whiteman Creek Forest Service Road and Bear Creek Forest Service Road. This is still an active fire area and public should refrain from activities in this area for their safety and that of firefighting crews.

Cause: Human
The fire is human-caused, details are under investigation.


Resources
• 51 firefighters
One helicopter is also on site as well as three water tenders and nine overhead personnel.

Map & Photos: See the 19 files for this fire.

 

At one time they had 17 helicopters working on the Terrace Mountain fire.

 

Placing a notice on title of a home in contravention of a bylaw does not help someone build their home faster or help them conform to the law (isn't that the point of having a bylaw to have the code complied with and have a home built fast), but instead leaves owners less money to build the home and only creates dissention!!!  So in reality, fining someone for being in contravention of a bylaw is not helpful at all but is instead a hindrance.  A fine does not help someone conform if they are broke, but instead leaves people more vulnerable to the ravages of an adult bullying society which is my point!

 

Regional District of Central Okanagan Building Bylaw #835

found on page 8

8.10 Neither the issuance of a permit under this bylaw nor the acceptance and/or review of plans, drawings, or specifications and/or supporting documents, nor any inspections made by or on behalf of the Region shall in any way relieve the owner from full and sole responsibility to perform the work in strict accordance with this bylaw.

So in other words if the RDCO is wrong about something, I still have to conform to something that is wrong or get a lawyer?  Why is the Regional District making up the rules for the owners, if its the owners responsibility?  The Regional District can make mistakes just as easily, and so why is RDCO not held just as responsible as the owner?

 

PLEASE HELP ME OUT OF THIS NIGHTMARE!  PLEASE??

 

PILLS DON'T WORK FOR THIS!

Why is it that my neighbours can vote me out?

SIGNED

PISSED OFF ROYALLY by my neighbours who voted me out of my home and the REGIONAL DISTRICT OF CENTRAL OKANAGAN BOARD MEMBERS who designed the BUILDING BYLAWS and the GOVERNMENT who let the Terrace Mountain Fire get out of hand and evacuated me!