Section 57 Notice – 6228 Main Street – Council directed the Corporate Officer to file a Notice pursuant to Section 57 of the Community Charter for works undertaken on the property at 6228 Main Street that are contrary to the BC Building Code and Oliver Building Regulation Bylaw 1140 which has resulted in the building being in an unsafe condition
TO: Mayor and Council FROM: Faruq Patel, Building Official III
RE: Section 57 Notice – 6228 Main Street (above the old Orchard Cafe)
RATIONALE: The purpose of this report is to recommend that Council pass a resolution under Section 57 of the Community Charter to file a notice in the Land Title Office for the property at 6228 Main Street due to unpermitted work that was completed without inspections, in contravention of the BC Building Code and the Town’s Building Regulation Bylaw 1140, and which has resulted in the building on the property being in an unsafe condition.
1. Council may choose to support the recommendation.
2. Council may choose not to support the recommendation.
3. Council may choose to refer back to staff for additional information.
RECOMMENDATION: That Council, after hearing from the building inspector and providing the property owner with an opportunity to be heard, direct the Corporate Officer to file in the Land Title Office pursuant to Section 57 of the Community Charter a notice on title to that property legally described as PID [006-909-248], Lot 5, Block 7, District Lot 2450s, SDYD, Townsite of Oliver (the “Property”), which notice shall state that Council for the Town of Oliver has made a resolution relating to that land under this section, and further information about it may be inspected at the Oliver Town Hall, 6150 Main Street, Oliver, BC.
Section 57 of the Community Charter reads: (1) A building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector (a) observes a condition, with respect to land or a building or other structure, that the inspector considers (i) results from the contravention of, or is in contravention of, (A) a municipal bylaw, (B) a Provincial building regulation, or (C) any other enactment that relates to the construction or safety of buildings or other structures, and (ii) that, as a result of the condition, a building or other structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or (b) discovers that (i) something was done with respect to a building or other structure, or the construction of a building or other structure, that required a permit or an inspection under a bylaw, regulation or enactment referred to in paragraph (a) (i), and (ii) the permit was not obtained or the inspection not satisfactorily completed. (2) A recommendation under subsection (1) must be given in writing to the corporate officer, who must (a) give notice to the registered owner of the land to which the recommendation relates, and (b) after notice under paragraph (a), place the matter before the council. (3) After providing the building inspector and the owner an opportunity to be heard, the council may confirm the recommendations of the building inspector and pass a
Resolution directing the corporate officer to file a notice in the land title office stating that (a) a resolution relating to that land has been made under this section, and (b) further information about it may be inspected at the municipal hall.
BACKGROUND: In September of 2020, the Town became aware of the operation of a vacation rental without a business licence within the second floor of the commercial building located at 6228 Main Street. This is in contravention of the Town of Oliver Zoning Bylaw 1380 (the “Zoning Bylaw”), as a vacation rental is not a permitted use in the Town Centre zone. Through its investigation into this unpermitted and unlicensed use, the Town became aware that three dwelling units currently exist on the second floor of the building.
Neither the Town of Oliver nor BC Assessment have any records or building permits which indicate that more than one dwelling unit should exist in the building. Through an on-site inspection, the Town’s Building Inspector has determined that the second floor dwelling units contain multiple contraventions of both the BC Building Code and the Town’s Building Regulation Bylaw 1140.
These problematic conditions include:
inadequate fire separations between suites,
gas lines running through units without proper fire separations,
several unprotected openings at a zero property line setback,
travel distances and exiting requirements that do not meet the Building Code,
spatial separation and exposure protection issues, inadequate fire separation within the electrical and mechanical room, as well as several other conditions. As a result of these numerous contraventions, the Building Inspector has determined that the building is unsafe. Due to the failure to call for inspections required under the Building Bylaw during the construction process, the dwelling units may have additional latent deficiencies which could not be identified during the non-destructive inspection. The Town has repeatedly notified the current Property owner that a building permit application must be made to legalize the unpermitted suites and correct the existing contraventions of the Building Bylaw and the Building Code, but the Property owner has refused to comply.
Section 8 of Building Regulation Bylaw 1140 states that every owner or agent shall comply with the Building Code and the bylaw. The Building Inspector has requested and reviewed electrical permits issued by Technical Safety BC for the Property in the previous two years. These permits reveal that extensive renovation has occurred.
The work was completed in that time period which included new panels, plugs, fridge and stove outlets, new plumbing fixtures and piping, and new windows. Section 12 (1) of Building Regulation Bylaw 1140 states that unless exempted elsewhere in the bylaw, no person shall commence or continue any construction, alteration, expansion, repair or placement of any building unless a building permit has been issued for the work by a Building Inspector. In this case, a building permit was not applied for or issued for the work shown in the Technical Safety BC permit documents. The attached inspection report by the Town’s Building Inspector enumerates the identifiable contraventions and safety conditions that exist on the Property in contravention of the BC Building Code and Building Regulation Bylaw 1140. It may not be clear to prospective purchasers that work done on the dwelling units at the Property has not been permitted or inspected by the Town and is not in compliance with the BC Building Code and the Building Regulation Bylaw, or that the building is in an unsafe condition. Registering a Section 57 Notice on the title to the Property should alert the public and prospective purchasers of the unpermitted work and safety issues. Notified persons would be directed to the Oliver Town Hall, where they could obtain copies of the building file for the Property and this report.
Diane Vaykovich, Corporate Officer Administration
Concur with recommendations – Cathy Cowan CAO
To be debated by council on Monday