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Regional District of Central Okanagan (RDCO)

Building Bylaw and Building Permit Information

LAST UPDATE October 15, 2016

Click on your refresh button in the top menu, to be sure you see any updates.

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Make a comment about the Regional District of Central Okanagan building bylaws and permits using the comment form at the bottom of this page, or read about RDCO's building permits here.

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RDCO Building Bylaw #835

20. PENALTIES
20.1 Any person who breaches any provision of this bylaw commits an
offence and is liable, upon prosecution, to the penalties provided under
the Offence Act.

General penalty
4 Unless otherwise specifically provided in an enactment, a person who is convicted of an offence is liable to a fine of not more than $2,000 or to imprisonment for not more than 6 months, or to both.

Link to all of RDCO's Bylaws

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Regional District of Central Okanagan Policy and Procedures Manual

Inspections Services

Inactive building permits / stop work orders with a bylaw contravention notice

Dated July 9, 2009

We received this through the Freedom of Information Act February 14, 2010

Regional District of Central Okanagan - RDCO - Policy and Procedure Manual - Inactive Building Permits - Stop Work Order - Bylaw Contravention Notice

More of RDCO's Policy and Procedure Resolutions

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.pdf icon October 13, 2016 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Subdivision Servicing Bylaw Updated
The Regional Board has adopted an updated Subdivision Servicing Bylaw. Following a comprehensive review of the previous bylaw which was adopted in mid-1997, the changes reflect current provincial regulations, best practises and establish standards for servicing subdivisions within the unincorporated electoral areas. It also takes into consideration development trends that have emerged in the electoral areas over the past 19 years.

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.mp3 file icon - click here for help with audio October 13, 2016 audio of entire RDCO Board meeting - .mp3 (301 MB)

Click this Windows Media Audio icon for help with audio files October 13, 2016 audio of RDCO Board meeting only about Item 9.2 RDCO Subdivision Bylaw Amendments - .wma (11.5 MB)

.pdf icon October 13, 2016 Regional District of Central Okanagan Regular Board Meeting Minutes

Minutes of RDCO Board meetings are not usually posted to RDCO's website until after the following meeting which would be October 24th.  If the minutes are not posted here yet, you can check RDCO's website to see if they are posted there yet.  If you want a copy of the minutes before then, contact RDCO who will have a copy of the minutes at their office within 7 days after you request a copy of the minutes.  This is in accordance to Local Government Act Procedure Bylaws and Enforcement section 794 (5) and Community Charter Other records to which public access must be provided section 97 (2)

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.mp3 file icon - click here for help with audio October 13, 2016 audio of entire RDCO Board meeting - .mp3 (301 MB)

Click this Windows Media Audio icon for help with audio files October 13, 2016 audio of RDCO Board meeting only about Item 9.2 RDCO Subdivision Bylaw Amendments - .wma (11.5 MB)

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.pdf icon October 22, 2012 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Nothing was mentioned in the Highlights about  Item 8.3 Development Applications Procedures Amendment Bylaw No . 944-8

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.mp3 file icon - click here for help with audio October 22, 2012 audio of entire RDCO Board meeting - .mp3 (265 MB)

Click this Windows Media Audio icon for help with audio files October 22, 2012 audio of RDCO Board meeting only about Item 8.3 Development Applications Procedures Amendment Bylaw No . 944-8 - .wma (246 KB)

.pdf icon October 22, 2012 Regional District of Central Okanagan Regular Board Meeting Minutes

8.3 Bylaws: (First, Second, and Third Readings, Reconsideration and Adoption) (Unweighted Vote)
a) Development Applications Procedures Amendment Bylaw No. 944-8 for Regional District of Central Okanagan (applicant) to amend Development Applications Procedures Bylaw No. 944, 2002. (6970-40) Central Okanagan West and East Electoral Areas (All Directors)

BAKER/EDGSON
THAT Regional District of Central Okanagan Development Applications Procedures Amendment Bylaw No. 944-8 be given first, second and third readings and adopted this 22nd day of October 2012.

CARRIED

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.mp3 file icon - click here for help with audio October 22, 2012 audio of entire RDCO Board meeting - .mp3 (265 MB)

Click this Windows Media Audio icon for help with audio files October 22, 2012 audio of RDCO Board meeting only about Item 8.3 Development Applications Procedures Amendment Bylaw No . 944-8 - .wma (246 KB)

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.pdf icon July 23, 2012 Regional District of Central Okanagan Regular Board Meeting Minutes

Bylaws: (Second and Third Reading) (Unweighted Vote)

9.6 Zoning Amendment Bylaw No. 871-211 for Regional District of Central Okanagan (applicant) to amend the text and mapping of Zoning Bylaw No. 871, 2000. (Z12/01) Central Okanagan West and East Electoral Areas (All Directors - Unweighted Vote)

BAKER/FIELDING
THAT Zoning Amendment Bylaw No. 871-211 (application Z12/01) be given second and third readings this 23rd day of July 2012;
AND FURTHER THAT reconsideration and adoption be withheld pending receipt of bylaw approval from the Ministry of Transportation and Infrastructure.

CARRIED

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.mp3 file icon - click here for help with audio July 23, 2012 audio of entire RDCO Board meeting - .mp3 (183 MB)

Click this Windows Media Audio icon for help with audio files July 23, 2012 audio of RDCO Board meeting only about Item 9.6 Zoning Bylaw No. 871 Text and Mapping Amendments - .wma (205 KB)

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.pdf icon February 27, 2012 Highlights of the Regional District of Central Okanagan Regular Board Meeting

January Building Statistics

During January, the Development Services Inspection Section approved seven building permits for construction projects valued at $280,417 in the Central Okanagan East and Central Okanagan West Electoral Areas. That compares with five permits issued during the first month of 2011 for projects valued at over $690,500.

Nothing was mentioned in the Highlights about COE Secondary Suites

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.mp3 file icon - click here for help with audio February 27, 2012 audio of entire RDCO Board meeting - .mp3 (206 MB)

Click this Windows Media Audio icon for help with audio files February 27, 2012 audio of RDCO Board meeting only about Item 7.1 January Building Statistics - .wma (419 KB)

Click this Windows Media Audio icon for help with audio files February 27, 2012 audio of RDCO Board meeting only about COE Secondary Suite Bylaw Change - .wma (924 KB)

.pdf icon February 27, 2012 Regional District of Central Okanagan Regular Board Meeting Minutes

Minutes are not usually posted to RDCO's website until after they are adopted at the following Board Meeting, which the next regular board meeting will be held on March 26th, 2012.  If the minutes are not posted here yet you can check to see if they are posted on RDCO's website.

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.mp3 file icon - click here for help with audio February 27, 2012 audio of entire RDCO Board meeting - .mp3 (206 MB)

Click this Windows Media Audio icon for help with audio files February 27, 2012 audio of RDCO Board meeting only about Item 7.1 January Building Statistics - .wma (419 KB)

Click this Windows Media Audio icon for help with audio files February 27, 2012 audio of RDCO Board meeting only about COE Secondary Suite Bylaw Change - .wma (924 KB)

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.pdf icon February 17, 2012 Regional District of Central Okanagan Governance and Services Committee Meeting Agenda

.pdf icon Item 1 Budget Presentation.pdf

.pdf icon Item 1a Budget Piechart.pdf

.pdf icon Item 1b Budget Summaries.pdf

.pdf icon Item 1c Tax Requisitions and Rates.pdf

.pdf icon Item 2 Financial Plan Contents.pdf

.pdf icon Item 2a Environmental Services - Engineering.pdf

.pdf icon Item 2b Environmental Services - Waste Management.pdf

.pdf icon Item 3a Development Services - Planning.pdf

.pdf icon Item 3b Development Services - Protection Services.pdf

.pdf icon Item 3c Development Services - Inspection Services.pdf

.pdf icon Item 4 Parks Services.pdf

.pdf icon Item 5 Finance and Administration.pdf

.pdf icon Item 6 Corporate Services.pdf

.pdf icon Item 6a Corporate Services - Policing Liaison Services.pdf

.pdf icon Item 7 Economic Development Commission.pdf

.pdf icon Item 8 Regional Board.pdf

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.mp3 file icon - click here for help with audio February 17, 2012 audio of entire RDCO Governance and Services Committee meeting - .mp3 (501 MB)

Click this Windows Media Audio icon for help with audio files February 17, 2012 audio of RDCO Governance and Services Committee meeting only about BC Assessment Errors - .wma (1.11 MB)

Click this Windows Media Audio icon for help with audio files February 17, 2012 audio of RDCO Governance and Services Committee meeting only about Building Inspection Report - .wma (114 KB)

Click this Windows Media Audio icon for help with audio files February 17, 2012 audio of RDCO Governance and Services Committee meeting only about Building Inspection - .wma (1.93 MB)

Click this Windows Media Audio icon for help with audio files February 17, 2012 audio of RDCO Governance and Services Committee meeting only about DCC's - .wma (100 KB)

.pdf icon February 17, 2012 Regional District of Central Okanagan Governance and Services Committee Meeting Minutes

Minutes of the Regional District of Central Okanagan Governance and Services Committee Meetings are not usually available until after being adopted at the following meeting.  If the minutes are not published here yet, you can check RDCO's website to see if they are published there yet.

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*Note* This is only a snippet, please click link for entire content

Law v. Truttman, 2001 BCSC 509 (CanLII)
Date: 2001-04-04
Docket: 2712/98

[8] Assuming, without deciding, that North Saanich had a duty of care to the plaintiff pursuant to s. 1(b) of the Occupiers Liability Act, it is clear that a municipal government may be discharged or exempt from that duty of care due to the nature of its decisions. In Brown v. British Columbia (Minister of Transportation and Highways), 1994 CanLII 121 (SCC), [1994] 1 S.C.R. 420, in deciding that the defendants owed a duty of care due to highway users, the Supreme Court of Canada stated:

[26] ... It therefore must be determined, first, whether this is a policy decision on the part of the Department. If it was, then no liability can be attached to the Department. This must follow since there is no suggestion that, if the decision was one of policy, it was not bona fide or that it was so irrational that it was not a reasonable exercise of ministerial discretion.

[27] ... The need for distinguishing between a governmental policy decision and its operational implementation is thus clear. True policy decisions should be exempt from tortious claims so that governments are not restricted in making decisions based upon social, political or economic factors. However, the implementation of those decisions may well be subject to claims in tort. ...

... As a general rule, the traditional tort law duty of care will apply to a government agency in the same way that it will apply to an individual. In determining whether a duty of care exists the first question to be resolved is whether the parties are in a relationship of sufficient proximity to warrant the imposition of such a duty. In the case of a government agency, exemption from this imposition of duty may occur as a result of an explicit statutory exemption. Alternatively, the exemption may arise as a result of the nature of the decision made by the government agency. That is, a government agency will be exempt from the imposition of a duty of care in situations which arise from its pure policy decisions.

... As a general rule, decisions concerning budgetary allotments for departments or government agencies will be classified as policy decisions. Further, it must be recalled that a policy decision is open to challenge on the basis that it is not made in the bona fide exercise of discretion. If after due consideration it is found that a duty of care is owed by the government agency and no exemption by way of statute or policy decision-making is found to exist, a traditional torts analysis ensues and the issue of standard of care required of the government agency must next be considered.

[9] In my opinion, these principles apply to the acts of North Saanich in respect of its policy of February 5, 1996. As the policy is rational (given both budgetary and staff restraints), and there is no evidence of bad faith in its implementation or application, it should not be reviewable by the court.

[10] Consequently, the plaintiff's action against North Saanich is dismissed. That defendant will recover its costs on Scale 3.

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*Note* This is only a snippet, please click link for entire content

Wirth v. Vancouver (City), 1990 CanLII 783 (BC CA)
Date: 1990-07-09
Docket:  CA009023

I do not think there is any private law duty of care on the City in this case to protect the plaintiff from the economic loss resulting from the breach of this zoning bylaw by the neighbouring property owner and the negligence of the City. I say this assuming such loss can be said to be foreseeable, a proposition which I find is at best tenuous. In my opinion, this case is governed by the well established principle that where the only damage foreseeable is damage to another's pocket or estate and there is no foreseeable risk of personal injury or property damage there is no duty of care owed and no redress for that damage.

I would dismiss the appeal.

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RDCO Building Fines 2011 .pdf icon Item 6.1 Amendments to Ticket Information Utilization Bylaw

RDCO Building Bylaw Fines - Schedule 2 of Bylaw 1299, 2011
RDCO Building Bylaw Fines - Schedule 2 of Bylaw 1299, 2011
Click for a larger copy

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City to consult industry on building code ‘greening’
Kelowna Capital News - February 03, 2011

The City of Kelowna is consulting local companies on possible provincial building code changes to encourage more environmentally friendly buildings.

Mo Bayat, director of development services for the City of Kelowna, outlined details of the regulations to the Canadian Home Builders Association of Kelowna at a meeting on Feb. 1.

After receiving feedback from the industry, Bayat will report to city council regarding implications of the proposed new regulations.

“It was a good opportunity to hear from the industry about these possible changes and get their thoughts about how these might or might not work in Kelowna,” said Bayat.

The province is considering new provincial building code regulations to improve a building’s energy performance, require installation of high-efficiency toilets and permit “grey water” from shower and laundry to be used for flushing toilets, based on Health Canada guidelines. Also, the new regulation will include provision to reuse collected rain water for irrigation.

Of particular interest in sunny Kelowna is a regulatory change to make installation of solar hot water systems easier.

The province has developed a new Solar Hot Water Ready Regulation in partnership with Solar BC and in consultation with the development industry. This new solar regulation will only apply in local government jurisdictions that request inclusion.

In Jurisdictions where the regulation is adopted, all new single-family homes will be built to accommodate future installation of a solar hot water system.

“Making a home Solar Hot Water Ready is easier and less expensive during initial construction than it is post-construction,” said Bayat. “When a homeowner makes the decision to install the solar hot water heating system, a few preparations during initial construction can really reduce costs… and will also help ensure that the system provides maximum energy savings.”

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1. The Zoning Bylaw

A) Is the Continued Use of the Land for Kennels Permitted as a Legal Non-Conforming Use?

[16] The Zoning Bylaw makes the operation of kennels an impermissible use of land, except for Electoral Areas E and F. The Land is not in Electoral Areas E or F. The defendants argue that because they lawfully occupied the Land prior to the amendment, the continued operation of the kennels is permissible through the doctrine of legal non-conforming use as it is set out in s. 911 of the Local Government Act.

[17] Section 911 of the Local Government Act allows for the continued use of a building after the enactment of a bylaw, if the use was permitted before the amendment to the bylaw was enacted. The purpose of s. 911 of the Local Government Act is to protect the status quo (Cowichan Valley (Regional District) v. Little 1992 CanLII 5975 (BC C.A.), (1992), 71 B.C.L.R. (2d) 356, 96 D.L.R. (4th) (B.C.C.A.). The onus is on those alleging lawful non-conforming use to prove it (Country Lane Developments v. Coquitlam (City), 2003 BCSC 1121 (CanLII), 2003 BCSC 1121).

[18] In the case at bar, it is clear that the defendants meet the requirements set out in s. 911 of the Local Government Act. The defendants lawfully operated a kennel prior to the amendment of the bylaw, and this use continues. As such, the present use of the property for a kennel is not illegal.

Source: http://www.canlii.org/

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January 24, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

December Building Statistics

During December, the Development Services

Inspections Section approved seven building permits for projects worth $1,021,000 in the Central Okanagan East and Central Okanagan West Electoral Areas. During 2010, a total of 163 building permits were issued for construction projects in the
electoral areas totalling just over $19.8-million. That compares with 164 permits issued in 2009 for projects worth $13.9-million.

RDCO Building Bylaw Updated

The Regional Board has adopted amendments updating the Regional District Building Bylaw which has been in effect since May 1999. The revision brings the bylaw into compliance with the BC Building Code and includes an updated evaluation schedule that is consistent with other local governments and more in line with present market values. The bylaw will assist in providing a more accurate valuation for residential construction projects.

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.mp3 file icon - click here for help with audio January 24, 2011 audio of entire RDCO Board meeting .mp3 (287 MB)

Windows Media File Icon January 24, 2011 audio of RDCO Board meeting only about the Building Stats and Building Bylaw Amendment - .wma (639 KB)

January 24, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

Item 9.2 RDCO Building Amendment Bylaw.pdf

Agenda No: 9.2
Mtg Date: Jan 24, 2011

DEVELOPMENT SERVICES DEPARTMENT REPORT For the Regional Board January 24, 2011

TO: Chair & Members of the Regional Board
FROM: Ray Paterson, Chief Building Inspector
DATE: January 19, 2011
SUBJECT: Amendments to Building Bylaw No. 835
RECOMMENDATION:
THAT amendments to Building Bylaw No. 835 be given three readings and adopted.

BACKGROUND:
The Building Bylaw requires some specific amendments in order to be more compatible with the 2006 BC Building Code and for the Bylaw to provide an accurate way to establish current market construction values for single and two family homes, garages, carports decks and basement finishing.

The present evaluation schedule does not reflect the current construction market value. The schedule has not been amended since the adoption of the Building Bylaw on May 10, 1999. The implementation of the updated evaluation schedule will enable staff to issue Building Permits' with a more realistic market value construction level consistent with other local governments
within the Regional District.

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.mp3 file icon - click here for help with audio January 24, 2011 audio of entire RDCO Board meeting .mp3 (287 MB)

Windows Media File Icon January 24, 2011 audio of RDCO Board meeting only about the Building Stats and Building Bylaw Amendment - .wma (639 KB)

January 24, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

9. DEVELOPMENT SERVICES

Inspection:

9.1 Building Statistics - December 2010 and year-to-date JanuaryDecember 2010 (All Directors - Unweighted Vote)

BAKER/EDGSON
THAT the building statistics for the month of December 2010 and year-to-date January-December 2010 be received.

CARRIED

Director Hayes arrived at 7:05 p.m.

9.2 Regional District of Central Okanagan Building Amendment Bylaw No. 1287,2010, 1st, 2nd and 3rd readings and Adoption (Unweighted Vote All Directors)

Staff noted that updates to the bylaw schedule will reflect current construction values and that the schedules have not been updated since the original bylaw was approved in 1999.

FI ELDING/EDGSON
THAT Regional District of Central Okanagan Building Amendment Bylaw No. 1287, 2010 be given first, second and third readings, and adopted this 24th day of January 2011.

CARRIED

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.mp3 file icon - click here for help with audio January 24, 2011 audio of entire RDCO Board meeting .mp3 (287 MB)

Windows Media File Icon January 24, 2011 audio of RDCO Board meeting only about the Building Stats and Building Bylaw Amendment - .wma (639 KB)

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August 12, 2010 Highlights of the Regional Board Meeting

Woodstove Exchange Funding Letter
The Regional Board supports a recommendation from the Okanagan Similkameen Airshed Coalition regarding funding for the Provincial Woodstove Exchange Program. The Regional District will send a letter to the Minister of Environment urging continued Provincial Government funding of the program. Each member municipality will also be encouraged to write a letter of support for the province-wide initiative. The program, supported by province, local governments and the industry, provides incentives for people to replace old air-polluting wood burning appliances with newer model clean burning ones.

okanaganlakebc.ca says: the standards for Wood Stoves are also changing, but there is nothing mentioned about the wood stove emission standards, unless you read the Agenda below consisting of 22 pages.

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Windows Media File Icon Entire audio of the Regional District of Central Okanagan Regular Board Meeting - Audio_Aug 12, 2010.mp3 - (48.5 MB)

August 12, 2010 Regional District of Central Okanagan Regional Board Meeting Agenda

Item 1.1 Okanagan-Similkameen Airshed Coalition.pdf (22 pages)

Agenda NO: 1.1
Mtg Date: August 12, 2010
TO: Regional Board
FROM: Regional Air Quality Service
DATE: August 4, 2010
SUBJECT: Okanagan Similkameen Airshed Coalition Recommendations from June 23, 2010 meeting

Click link above for entire contents

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Windows Media File Icon Entire audio of the Regional District of Central Okanagan Regular Board Meeting - Audio_Aug 12, 2010.mp3 - (48.5 MB)

August 12, 2010 Regional District of Central Okanagan Regional Board Minutes of the Meeting

1.1 Regional Air Quality Service.

SHEPHERD/EDGSON
WHEREAS the B.C. Air Action Plan was released in 2008 and contained 28 specific actions to improve air quality across the province. Action 24 of the B.C. Air Action Plan aims to "get rid of smoky old wood stoves" through the Provincial Woodstove
Exchange Program with a long-term goal of 50,000 old wood stoves for newer more fuel-efficient models thus reducing emissions of fine particulate matter by more than 3,000 tonnes per year.
AND WHEREAS the Province has put three years, the Hearth Industry ten years and millions of dollars into stove change outs; and our regional communities have invested thousands of dollars into the Wood Stove Exchange program;
BE RESOLVED THAT the Regional Board send a letter of support for continued provincial funding of the wood stove exchange program;
AND FURTHER THAT each member municipality be encouraged to consider sending a letter of support for continued provincial funding of the wood stove exchange program to the Minister of the Ministry of Environment.

CARRIED

SHEPHERD/EDGSON
THAT the Central Okanagan Regional Board supports the Okanagan Similkameen Airshed Coalition's review and recommendations (below) of the Solid Fuel Burning Domestic Appliance Regulation Intentions Paper and that staff provide comment to the Ministries of Environment and Healthy Living and Sport as noted below;
AND FURTHER that the Regional Board forward the report to their member municipalities for review and comment.

Recommendations on the Solid Fuel burning Domestic Appliance Regulation (SFBDAR) Intentions Paper:

Recommendation:
THAT the Solid Fuel burning Domestic Appliance Regulation Response Form, items 1 to 5.3 to include that all appliances must meet the BC Standard of the new proposed BC Standard of 4.1 grams/hour.

Recommendation:
THAT the Solid Fuel burning Domestic Appliance Regulation Response Form section 6.0 intention to require cook stoves to meet the B.C. emission standards starting in September 2014 is acceptable, however, the OSAC suggest that there is consultation with the manufactures before implementation.

Recommendation:
THAT the SFBDAR section 7.2 (b) Acceptable Fuels and fuel for starting fires also include that manufactured fire logs to be made up of compressed wood and void of other components. That clean paper (releases dioxins & furons), cardboard (glue content) be omitted
AND FURTHER THAT only black and white newspaper for starter paper be used and seasoned wood with a moisture content of 20% or less.

Recommendation:
THAT staff complete the Solid Fuel Burning Domestic Appliance Regulation Response Form based on the comments and resolutions provided by the Okanagan Similkameen Airshed Coalition;
AND FURTHER THAT the recommendations on the Response Form be forwarded to the Ministry of Environment.

CARRIED

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Windows Media File Icon Entire audio of the Regional District of Central Okanagan Regular Board Meeting - Audio_Aug 12, 2010.mp3 - (48.5 MB)

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July 8, 2010 Regional District of Central Okanagan Highlights of the Regional Board Meeting

Smoke Control Bylaw

The Regional Board has approved a resolution asking staff to prepare an amendment to the Regional District of Central Okanagan Smoke Control Bylaw No. 733. The amendment is expected to address permit approval issues related to the
installation of outdoor wood burning boilers which do not currently have Environmental Protection Agency (EPA) standards.

New Provincial and industry emission standards are being considered and the bylaw amendment would reflect these initiatives.

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Windows Media File Icon Audio - Revised Note Regarding This Meeting.pdf

Windows Media File Icon Audio_Brd_July 8, 2010.mp3 -  (223 MB)

July 8, 2010 Regional District of Central Okanagan Regular Board Meeting Minutes

1. RISE & REPORT - Governance and Services Committee meeting of July 8, 2010

1.1 Review of the RDCO Smoke Control Bylaw (Outdoor Wood Boilers) (Unweighted Vote - All Directors)

SHEPHERD/EDGSON
WHEREAS legislative changes to the Open Burning Smoke Control Regulation and the Solid Fuel Burning Domestic Appliance Regulation are currently being reviewed by the Province, industry is working to improve wood boiler emissions around CSA
and EPA criteria, and amendments to the solid fuel burning domestic appliance regulations are expected;

AND WHEREAS the Regional District is unable to prohibit the issuance of permits for the installation of outdoor wood boilers as Section 4.3 of the RDCO Smoke Control Bylaw No. 773 (consolidated) forms part of the bylaw and is in force;

AND WHEREAS given the problems that are caused by these boilers, and the current lack of CSA approved units, or experience with field operation of units meeting CSA and EPA standards;

THEREFORE, that staff be directed to bring forward an amendment to RDCO Smoke Control Bylaw No. 773 (consolidated) to remove the section referring to the EPA standard in Section 4.3 around the installation of outdoor wood burning boilers.

CARRIED

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Windows Media File Icon Audio - Revised Note Regarding This Meeting.pdf

Windows Media File Icon Audio_Brd_July 8, 2010.mp3 -  (229 MB)

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July 8, 2010 Regional District of Central Okanagan Regional Board Meeting Minutes

RDCO is confusing us by posting the following (unrelated) minutes for Item 4.1 Outdoor Wood Boilers

4. ENGINEERING SERVICES
4.1 Award of Contract for the Engineering Services - Upper Fintry/Shalal RoadNalley of the Sun Water System (Weighted Vote - All Directors)

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Windows Media File Icon Audio - Revised Note Regarding This Meeting.pdf

Windows Media File Icon Audio_Brd_July 8, 2010.mp3 -  (229 MB)

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DID YOU KNOW? – the Regional District looked into the issue of Cell Phone Towers and where they are placed. A Cell Phone Tower is considered a utility, and as such, can be put pretty well anywhere. The RD does not have control over where these towers can be put. The only control the Regional District would have is if there was a building put up in conjunction with the tower that exceeded 10 m2 which would then require a building permit. As long as the proposed building met all the conditions required for that permit, the building permit would be issued.

Source - COW Director Jim Edgson website - July 2010

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1998/99 Legislative Session: 3rd Session, 36th Parliament
HANSARD
Official Report of
DEBATES OF THE LEGISLATIVE ASSEMBLY
(Hansard)
TUESDAY, JUNE 1, 1999
Afternoon
Volume 15, Number 16

M. Coell: I seem to recollect a number of issues like this throughout the province, where the ministry has approved a subdivision plan and the subdivision is completed, but they're not able to get building permits from the regional district that they're in. Is there some onus on the province, when they're approving a subdivision plan, to make sure that those lots are buildable? Or is the onus not on the ministry?
Hon. H. Lali: The onus on the ministry is to employ the standards of the day.

M. Coell: I would think the standards of the day in 1969 and 1970. . . . As the minister has said, the province did not do a geotechnical study or an assessment at that time. I suspect that by the standards of today, the layout of the road system would be quite different, because studies like this would have been completed. With the study the way it is. . . . It's global in nature; it looks at the entire subdivision. It doesn't look at individual lots and the effect of potential rock slope slippage on individual lots. Does the ministry intend to go back now and redo this study with regard to individual lots?

Hon. H. Lali: No.

M. Coell: As I said, I think there are some other issues. I believe Whistler had a situation where the ministry approved a subdivision that was not able to be built on. I believe there was one in the Kootenays at some time. The minister may want to comment on those. Is there a liability question with regard to a subdivision approval by the ministry when people go to build on them and the government -- either at the Highways level or the regional district level -- does not approve building permits?

Hon. H. Lali: Each situation is different and is handled on its own merits.

M. Coell: This particular situation puts a large number of people at a financial loss, not through their own making but through the purchase of these properties with the intent to build on them. Then they find out that with this study and with the devaluation of their assessments, they're not able to build or to sell. There aren't any banks or mortgage companies willing to loan money on a piece of property that has the potential of rock slippage. I know that this issue is going to be of further interest to the ministry, and I would be more than willing to try to set up a meeting with either the minister or the minister's staff to deal with this issue on a global basis with the residents. I wonder whether the minister would be willing to undertake that.

[ Page 13047 ]

http://www.leg.bc.ca/hansard/36th3rd/h0601p9.htm

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Regional District of Central Okanagan Building Bylaw #835

SCHEDULE "H"

SCHEDULE OF FEES

1) The fees charged for the issuance of permits under this bylaw shall be in conformance with the following:

a) For construction, addition, alteration, repair, removal or demolition of a building or part thereof, the building inspection fees shall be 1.2 percent of the actual construction value of the project ($12.00 per $1,000) plus a surcharge of:

i) $50.00 - where the construction value is less than ten thousand dollars, or;

ii) $100.00 - where the construction value is from ten thousand to twenty-two thousand dollars, or;

iii) $200.00 - where the construction value is in excess of twentytwo thousand dollars.

b) When a building permit is completed within 24 months of the date of issue, the Regional District of Central Okanagan will rebate building inspection permit fees as follows:

i) Where the construction value is less than ten thousand dollars a rebate of $50.00 will be given.

ii) Where the construction value is from ten thousand to twenty-two thousand dollars a rebate of $100.00 will be given.

iii) Where the construction value is in excess of twenty-two thousand dollars a rebate of $200.00 will be given.

c) Where a project includes plumbing, an additional fee of $10.00 per plumbing fixture shall be paid. Each trap, roof drain, floor drain and yard or parking lot drain shall be considered to be a plumbing fixture.

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.pdf icon April 8, 2010 Regional District of Central Okanagan Regional Board Meeting Agenda

.pdf icon Item 2.4 Bylaw Dispute Adjudication Program.pdf

Agenda No: 2.4
Mtg Date: Apr 8, 2010
TO: Regional Board
DATE: April 8, 2010

Regional Board Report

SUBJECT: Bylaw Dispute Adjudication Program
Full report from the April 8, 2010 Governance & Services Committee Meeting
Item 6.1 Bylaw Dispute Adjudication Program.pdf

Recommendation
THAT the Regional Board not participate in the Okanagan Valley Bylaw Dispute Adjudication Program;

AND FURTHER THAT staff be directed to investigate the Okanagan Valley Program for actual costs and results in the year after its implementation.

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Local Government Bylaw Notice Enforcement Act
Bylaw Notice Enforcement Regulation
[includes amendments up to B.C. Reg. 8/2010, February 1, 2010]

Application to set aside bylaw notice debt
5 (1) A person named in a bylaw notice who owes a debt to a local government

(a) under section 13 (2) [requiring dispute adjudication] of the Act, because the person failed to require dispute adjudication within the period provided in section 13 (1) of the Act,

(b) under section 18 (4) [adjudication procedures] of the Act, because the person failed to appear at the time scheduled for the hearing, or

(c) under section 25 (2) [if original bylaw notice not received] of the Act, because the person failed to take an action under section 8 (1) [options on receipt of bylaw notice] of the Act within the period established by bylaw for the purposes of section 8 (1) of the Act

may apply to the local government that issued the bylaw notice to have the debt cancelled and either

(d) an adjudication scheduled in respect of the rescission of the compliance agreement, or

(e) the period established for the purposes of section 8 (1) restarted in relation to the bylaw notice.

(2) An application under subsection (1) of this section may be made

(a) in the case of a debt described in subsection (1) (a) of this section, only within 30 days after the period specified in section 13 (1) of the Act for requiring adjudication,

(b) in the case of a debt described in subsection (1) (b) of this section, only within 30 days after the scheduled date of the adjudication, and

(c) in the case of a debt described in subsection (1) (c) of this section, only within the 28 day period under section 24 (3) of the Act that applies in relation to the bylaw notice in which the person is named.

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Local Government Bylaw Notice Enforcement Act
[SBC 2003] CHAPTER 60

*these are just snippets, please click link to read entire Act*

Limitation period for bylaw notice
5 A bylaw notice may not be issued more than 6 months after the contravention in respect of which it is issued is alleged to have occurred.

Amount of penalty for bylaw notice
6 (1) Subject to subsection (3), a local government must establish the amount of the penalty payable for a bylaw contravention that may be dealt with by bylaw notice.

(2) A bylaw adopted for the purposes of subsection (1) may specify

(a) a discount for payment of the penalty on or before the last day of the period established for the purposes of section 8 (1) [options on receipt of bylaw notice], and

(b) a surcharge for payment of the penalty within a specified period following the date the penalty becomes due and payable.

(3) A penalty under this section may not exceed $500.

Options on receipt of bylaw notice
8 (1) A person who receives a bylaw notice must, within the period established by bylaw,

(a) pay the penalty in accordance with the bylaw notice, or

(b) request dispute adjudication in respect of the allegation made in the bylaw notice in accordance with the instructions on the bylaw notice.

(2) The period under subsection (1) must not be less than 14 days after the date on which the person received or is presumed to have received the bylaw notice under section 7 [delivery of bylaw notice].

Offence Act
27 The Offence Act does not apply in respect of a bylaw contravention if a bylaw notice is issued in respect of the contravention.

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Local Government Act
Regional District Liabilities Regulation
[includes amendments up to B.C. Reg. 97/2007, April 20, 2007]

Contents
1 Definitions
2 Certain types of agreement liabilities exempt
3 Regional park and regional trail borrowing
4 Drinking water protection orders — installation of treatment works
5 Liquid waste management plans

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Interpretation Act
[RSBC 1996] CHAPTER 238

This Act is Current to March 24, 2010

* These are just snippets

1 In this Act, or in an enactment:

"Act" means an Act of the Legislature, whether referred to as a statute, code or by any other name, and, when referring to past legislation, includes an ordinance or proclamation made before 1871, that has the force of law;

"regulation" means a regulation, order, rule, form, tariff of costs or fees, proclamation, letters patent, commission, warrant, bylaw or other instrument enacted

(a) in execution of a power conferred under an Act, or

(b) by or under the authority of the Lieutenant Governor in Council,

but does not include an order of a court made in the course of an action or an order made by a public officer or administrative tribunal in a dispute between 2 or more persons;

Application
2 (1) Every provision of this Act applies to every enactment, whether enacted before or after the commencement of this Act, unless a contrary intention appears in this Act or in the enactment.

(2) The provisions of this Act apply to this Act.

(3) Nothing in this Act excludes the application to an enactment of a rule of construction applicable to it and not inconsistent with this Act.

Expressions defined
29 In an enactment:

"acquire" means to obtain by any method and includes accept, receive, purchase, be vested with, lease, take possession, control or occupation of, and agree to do any of those things, but does not include expropriate;

"dispose" means to transfer by any method and includes assign, give, sell, grant, charge, convey, bequeath, devise, lease, divest, release and agree to do any of those things;

"electoral district" means an electoral district referred to in section 18 of the Constitution Act;

"government" or "government of British Columbia" means Her Majesty in right of British Columbia;

"property" includes any right, title, interest, estate or claim to or in property;

"regional district" means a regional district as defined in the Local Government Act;

"right" includes a power, authority, privilege and licence;

Citation includes amendments
32 In an enactment a reference to another enactment of the Province or of Canada is a reference to the other enactment as amended, whether amended before or after the commencement of the enactment in which the reference occurs.

Government bound by enactments; exception
14 (1) Unless it specifically provides otherwise, an enactment is binding on the government.

(2) Despite subsection (1), an enactment that would bind or affect the government in the use or development of land, or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, does not bind or affect the government.

Definitions in Community Charter and Local Government Act apply to other enactments
40 (1) So far as the terms defined can be applied, the definitions established by or applicable under

(a) the schedule to the Community Charter, and

(b) section 5 of the Local Government Act

extend to all enactments relating to municipal and regional district matters.

(2) As an exception, subsection (1) does not apply in relation to the definition of "municipality" in the Community Charter.

Mutatis mutandis
44 If an enactment provides that another enactment applies, it applies with the necessary changes and so far as it is applicable.

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This letter from RDCO Chief Building Inspector says the following:

It is possible for occupancy to be granted even though the building may not be one hundred per cent completed. In order to obtain occupancy the building must be safe to occupy and capable of functioning as a single family dwelling as described in the BC Building Code.

It is possible for occupancy to be granted even though the building may not be one hundred per cent completed.
click letter to read larger print

Excerpt from Regional District of Central Okanagan Bylaw #835

f) "Completion Certificate" means an occupancy permit.

j) "Occupancy" means the 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.

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

Regional District of Central Okanagan Bylaw No. 1228 Powers, Duties and Functions of the Director of Development Services

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Local Government Act

Lapse of permit
926 (1) Subject to the terms of the permit, if the holder of a permit under this Division does not substantially start any construction with respect to which the permit was issued within 2 years after the date it is issued, the permit lapses.

(2) If a permit lapses, subject to sections 921 (12) and 925 (2.1), the local government must return any security provided under section 925 (1) to the person who provided it.

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

Regional District of Central Okanagan Bylaw #835 reads as follows:

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.

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Local Government Act
This Act is current to March 10, 2010
[RSBC 1996] CHAPTER 323
Part 26 — Planning and Land Use Management
Division 9 — Permits and Fees

Notice of permit on land title

927 (1) If a local government issues a permit under sections 920 [Development Permit] 921 [Temporary commercial and industrial permits] to 922 [Development variance permits], it must file in the land title office a notice that the land described in the notice is subject to the permit, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected.

(2) In the event of any omission, mistake or misfeasance by the registrar of land titles or the employees of the registrar in relation to the making of a note of the filing under subsection (1) or (3) after the notice is received by the land title office,

(a) neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.

(3) If a permit is amended or cancelled, the local government must file a notice of the amendment or cancellation in the manner prescribed by the Lieutenant Governor in Council, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected.

(4) If a notice is filed under subsection (1) or (3), the terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit.

(5) The Lieutenant Governor in Council may prescribe fees for the filing of notices under this section, and section 386 of the Land Title Act applies in respect of those fees.

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Local Services Act
[RSBC 1996] CHAPTER 276

This Act is current to March 31, 2010

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.pdf icon February 11, 2010 Regional District of Central Okanagan Governance and Services Committee Meeting Minutes

044 - Building Inspection and Bylaw Enforcement

- Building inspection permits have decreased which has resulted in a reduction of staff and reallocation of time for one staff person to other services. A tax requisition is now required to cover cost of the service.

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.pdf icon July 9, 2009 Regional District of Central Okanagan Governance & Services Committee Meeting Minutes

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

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July 9, 2009 Regional District of Central Okanagan Governance and Services Committee Meeting Agenda

.pdf icon Item 5.3 Bylaw Contravention Notice.pdf

Agenda NO: 5.3
Mtg Date: July 9, 2009

DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT REPORT

For the Governace & 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.

(Regional District Bylaw #835 says exterior complete within two years and not one year as the Chief Building Inspector states in his report)

(Regional District Bylaw #835 does not stipulate how long a building may take to complete so the Chief Building Inspector is wrong and misleading council)

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.

(NOTE BYLAW #835 says permit will expire if no progress for one year)

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, additionalletter(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.

Respectfully submitted,
Ray Paterson, R.B.O.
Chief Building Inspector

Dan Plamondon, Manager
Development &Environmental Services

/tj

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Construction slowdown reflected in numbers
Kelowna Capital News - February 12, 2010

Statistics confirm talk that the sputtering economy caused building activity to slow in West Kelowna last year.

Figures from the Central Okanagan Regional District show that construction got underway on 234 houses in the District of West Kelowna in 2009 compared to 275 in 2008.

In 2009, 410 building permits were issued in the municipality compared to 524 in 2008.

The value of all construction in West Kelowna was $51.4 million last year compared to $91.5 million in 2008.

Central Okanagan-wide stats show an even greater slowdown, where housing starts totaled 887 in 2009 compared to 2,024 in 2008, in Kelowna, West Kelowna, Lake Country, Peachland and the Central Okanagan rural electoral areas combined.

Across the region, 2,674 building permits with a construction value of $636.8 million were issued in 2009 compared to 3,179 with a construction value of $710 million the year before.

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How to Dispute and Win a
Regional District (of Central Okanagan)
Building Inspection Bylaw Violation / Contravention
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Never doubt the ability of a small group of concerned citizens to change the world.  In fact, it is the only thing that ever has.

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If you have comments, ideas, solutions, concerns or complaints regarding any level of your local, B.C., or Canada government, please make a comment by filling out the form below and/or comment directly to the government itself.

Regional District of Central Okanagan

Government of B.C.

Government of Canada

Democracy Rules on the North Westside!

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SOME OF RDCO's POLICIES and PROCEDURES

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