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Letter to Regional District of Central Okanagan (RDCO) Chief Building Inspector

re: Building Violation

Stop Work Order / Notice on Title / Occupancy Permit

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This letter to the Regional District of Central Okanagan (RDCO) Chief Building Inspector is about the building violation that you can find here on the Regional District of Central Okanagan's website.  This property owner is in violation due to not having an occupancy permit and someone living in the building without the building being finalized.  If you wish to make a comment about it, fill out the form at the bottom of this page and your comment will be posted here on this website.  Letters to and from RDCO Chief Building Inspector are posted here.

To Chief Building Inspector Ray Paterson:

Thank you for your reply from Nov 6, 2009.


Click Chief Building Inspectors letter dated Nov 6, 2009 to read larger print.

Hopefully this will be my last letter to try and convince you that an inspection at this point in time is unnecessary and unreasonable, and that this matter will finally be laid to rest.

Ray, you know what state my building permit is at, so please don’t plead ignorance wanting to re-inspect it to see what stage I am at. You know how slow I have been at building, and you just inspected June 2009. I have told you, it has not been built past the point of further required inspections. If you believe I have built past further inspection, on what basis do you make your assumption? Like I said before, the building does not need to pass occupancy inspection for me to occupy it and that is my point. I will try arguing my point one last time.

I will not permit unnecessary inspections for you to collect more evidence, as you have all the evidence you need in your office from the inspection reports thus far. Like I said, my building permit is in good standing no matter occupied or not and therefore I feel a re-inspection is not warranted. You can wait until the next required inspection, and next time closer to the one year mark than the nine month mark if need be, now that you got me to actually read the bylaw instead of going by what you tell me. You know I am living in the building because I told you so. What more evidence do you need? You have my word in writing. Do you believe I am lying to you? If so, what do you base your belief on?

You have told me that my building needs to be finalized, you told someone else that a building is suppose to be complete within 2 years, and that the exterior needs to be complete within one year. I question if you wrote that in the email on purpose because maybe the person didn’t know any better?? How can I trust you to do your job in a correct manner when you tell people things that are not truthful? (From Ray Paterson to Kami Lindquist email is attached)

What is the point of RDCO putting a stop work order on property? It does not stop someone from building or occupying the building if they really wanted to, all it does is cost money and paperwork and prolongs building? Isn’t it RDCO’s point that I build as soon as possible and to code and bylaw so that occupancy can be granted? How can RDCO speed up building, with what you propose Ray? Didn’t RDCO just pass a policy requiring owners build to completion within 4 years, and didn’t RDCO charge me an extra $200 incentive to build within 2 years? Isn’t it RDCO that wants the building built as soon as possible? Isn’t it RDCO slowing down the process by taking a $200 surcharge away from the building? Isn’t it you now slowing down the process more if you put a stop work order on the building? Why does RDCO charge an extra $200 surcharge for the permit, and you want to put a stop work order on the building, if the point is to get it built? What is the point of placing notice on title if I don’t plan on ever selling? Who are you trying to punish here, the person or persons who would inherit the property? I don’t believe a stop work order or a notice on title will stop the occupancy. RDCO’s motives compared to its actions are very difficult to comprehend. If the point is that you don’t want me to occupy the building, how does a stop work order or notice on title accomplish what you seek?

I believe I do have the option if I so choose, to build slower than I have been, while still having an inspection every year and without my permit expiring. I still want my $200 surcharge for my building permit returned to me. There is no reason for you to ignore my question asking for it back? So again I ask, can I please have my $200 back, and can you please at least answer yes or no along with an explanation why, instead of ignoring this question I asked you in my last letter?

I do not understand your latest letter. You state that the building needs to be “safe for occupancy” and “capable of functioning as a single family dwelling” in order to be granted an occupancy permit. What does safe and capable of functioning as a family dwelling unit mean to you? I know what it means to me, but what does it mean to you? I know I should contact my local building dept. before building to know for sure I understand what is required. I don’t have a copy of the building code as recommended to me in your last letter. The code is unaffordable to me, plus it is money I won’t be able to spend on the building, plus it would just slow progress and may cause me to miss an inspection on time. Safe from the cold is what an occupancy permit means to me. What all needs to be complete in order for you to grant occupancy? Would I need a flush toilet? Your letter to me sounds like I need a kitchen and bathroom which I don’t have a kitchen per se but I do have an outhouse? Do I need running water, or plumbing? Do I need to paint the walls or have linoleum or something on the floor? How many rooms need to be complete, or does a room need to be complete for occupancy? Does the building need a flush toilet? How about drywall or insulation? Do I need a lock on the bathroom door? I need to know exactly what “occupancy permit means to you if you were to inspect” and in writing, and so that I can completely comprehend and understand the definitions and comply before I can permit further inspection so soon. What is the minimum acceptable to you?? As far as I am concerned I don’t need, running water, a flush toilet, a kitchen sink, or a bathroom because my building permit states no indoor plumbing, potable water to be hauled, etc.. I do have an outhouse with a legal permit and jugs of potable water, and an old wash tub for bathing and a tub for doing dishes. I do have a septic system with a flush toilet as well as a tub and sink. Yes the plumbing for that still needs inspection and that is coming next inspection. But do the walls need paint? How many rooms need paint? Do I need to finish the laundry room? Can just the 4 outside walls be done and leave the inside walls for now? How many rooms need what? Can you please explain in detail what needs to be done in my building for you to grant me occupancy? I will try to comply to the best of my ability when I can completely understand. If I can’t comply I will let you know by mail, but that doesn’t mean you can re-inspect if I can’t comply with an occupancy permit. If I can or cannot comply with an occupancy permit, I will let you know. I do not want an inspector to come out to inspect twice, once to tell me that occupancy can’t be granted, and another time to tell me it passed or did not pass inspection. What I need is you to tell me straight out in layman terms what is required so that I can build to the best of my ability and without repercussion because of something I did not understand. I am so slow due to the fact that RDCO had me rush to put my septic in before the new rules took effect which would have added another $10,000 to the septic system, this has set back building of the building considerably. I would have preferred to do the septic later as I did have an outhouse that was good enough for awhile.

I feel harassed by RDCO demanding an inspection so soon and every nine months for instance, when according to bylaw #835 a permit does not expire unless there has been no progress within one year. An inspection is not required every nine months like you have demanded in the past. It is not easy for me to trust RDCO now, because of what has happened in the past. I have to use my own judgment now.

I need to finish the building to make it as proper as possible and just as soon as I am able according to the Canadian Charter, and to bylaw and to code. I therefore can’t allow you stop me from proceeding to live in a building built as proper as possible. I feel you are trying to endanger my life trying to force me out of the building and trying to stop the work, when I have repeatedly told you that my building is all I can afford to occupy! Your point is that you want to see a safe building complete as soon as possible with occupancy granted. My point is I am safer in the building than in a tent on the property! Please let me build to the best of my ability, because I am trying to build to the best of my ability. I am building to code and bylaw, plus I have been building within the time limits of Bylaw #835. Like I just said, I have had each of my inspections on time so that my permit does not expire. Putting a stop work order on my property due to occupancy I feel is against the Canadian Charter of Human Rights and Freedom and therefore I feel my permit is still in good standing. I believe you cannot put a stop work order, or title notice on my property and/or building without repercussion to RDCO which means repercussions to me as well, as I am a taxpayer too. Please leave me alone to build and stop this nonsense, as it does not accomplish what you seek.

I do not find it acceptable that you dismiss my previous letters and what I said about having to live outside in a tent if you will not allow me to occupy the building. Do you not believe me about the tent?? Why don’t you believe me?? What is so unbelievable about it? I have no choice but to live on my property. I feel that you are being immeasurably unreasonable in that you do not seem to care if I have to live outside or without a lock on the door or not. I feel you Ray, and the Regional District plus the Provincial Government are helping to create homelessness and making everyone else pay for it building shelters and using laws to do it! Government would have me in a shelter if I were not doing what I am doing. Isn’t that why homelessness has grown so exponentially? No I don’t want to live in a shelter because shelters sound scary and unsafe to me. Wouldn’t living in a shelter be scary for you? How would you feel living in a shelter with the swine flu going around? Have you seen what the rents are these days? Welfare recipients can’t afford the rents, if you didn’t know that already? I paid under $8,000 for my lot and the building is not a mansion, so it is not like I am made of money. If I didn’t purchase the lot, my initial $8,000 would have been gone in no time on rent and then where would I be living but in a shelter? I have explained to you several times now through letters that I cannot afford to live anywhere else but to occupy my building. I beg you to believe me! I feel an injustice in that RDCO does not understand the definition of affordability? I can’t afford to help the banks make records profits off me when I am so poor. Not everyone can afford a bank as you should well know. I myself live near the lowest end of the stick. Why Government doesn’t understand poverty, is beyond me? I question if government is incapable of compassion towards its citizens? I question RDCO and the Provincial Government’s capability of governance? What is it about the Canadian Charter that RDCO and the Provincial Government do not understand? Why is there homelessness? I feel nobody should be homeless? There should be a home for everyone.

I cannot allow RDCO to enter upon my property to even put a stop work order on it because I cannot afford property insurance, and therefore I specifically request that you do not step one foot on my property without my permission. Go ahead and take evidence from the street and put a stop work order on the building, but I insist that you stay off my property to do it. I am not in favor of your trespass unless absolutely necessary. I do not want to be held liable if you should get hurt. Having no insurance is one reason I don’t need or want unnecessary inspections.

Think about it, does what you propose help to make the building any safer and does it force me out of the building (your goal), or does it just create more paperwork and expense for both you and I without accomplishing what you seek?? So why do it? I don’t plan on ever selling and I don’t plan on stopping the work just because you believe you are right. Let the court decide. I believe there is nothing you can do about me building other than maybe temporary arrest! I am the only one responsible to build to code and bylaw, as your bylaw #835 and my building permit states! So what are you worried about? What are you liable for if I occupy the space? Is another company not capable of proper inspection, or is RDCO the only capable inspection agency?

I feel you are trying to endanger my life by trying to kick me outside into a tent and into the cold where I don’t have a lock on my door for my security or warmth. You have so far ignored what I said about me being safer occupying my building than me living outside in my yard in a tent. I feel you are incompetent not to understand and I can’t trust your judgment and so therefore I cannot permit RDCO to inspect.

I suppose I have the right to ignore you just the same as you have done to me, since this is costing me way too much money sending registered letters back and forth at $10 a pop and the arguing back and forth is driving me nuts. I need the money for my building and I need my sanity. I can’t help it if you still don’t understand as I have tried my best to explain my position. I am beginning to understand that maybe you will never understand and that you will not change your mind, even if it is against the Canadian Charter of Human Rights. Did you consult with a lawyer? Don’t you think maybe you should consult with one first, to make sure you are not making a mistake? I consulted a lawyer. I suggest you do as well. I need a safe warm place to live and I stand my ground! I can only hope that the Regional Board will choose not to place a title notice and/or stop work order on my property and will instead dismiss Ray Paterson’s recommendation all together. Not that the members will, but I can only wish not to go through any problem because I have enough problems as it is. If this is going to cost money, it will only prolong the building and prolong a proper residence for me which would also be against the Canadian Charter. I believe you will not accomplish what you seek (non-occupancy).

May I remind you again that what you propose with will do nothing about the occupancy issue, if that is your point? You can’t kick me out of my building no matter what stage of building I am at, according to what I understand of the Canadian Charter of Human Rights, I have the right to live in a shack if I have to. What are you going to do, come and drag me out of my building and off my own property and arrest me so we can go to court, and so that the court can affirm the Canadian Charter of Rights? Did you even read the Canadian Charter? I would hope that you would have at least read it. What is it you don’t understand? If Regional Board member themselves wouldn’t come and drag me out of the building, then please don’t make the police do the dirty deed either! There is no place affordable for me to live other than my building and there is nothing I can do to change that fact. It is a fact. I can’t afford a temporary building or recreational vehicle, plus a building. Neither can I change the stage of my building on demand. If you really don’t want me to occupy the building you would have had me removed by now instead of placing stop work orders and/or title notices on my property? If the building really was unsafe, would you still allow me to occupy it, and for how long? How is the building unsafe? How would you get me to un-occupy the building if you felt you really had to? How unsafe do you consider my building when it is built to code and had all its inspections on time? If the building is safe to build and I am inside building it, what makes it so unsafe to stay in all day and all night? I go to the bathroom while I work and I can eat 3 meals a day while I work! I can nap instead of work and I can even have a bath in a wash tub between working. Working on the building is the same as living in the building as far as I am concerned. Think about it? I do not have children running around and I am the only one living in the building, if that is your concern. And no, I am not poking holes in the vapor barrier if that is what you are thinking. If I did, I could tuck tape it.

I will be living in my building. I will not allow you to stop me from finishing the building as I need to, and as I am able to, because what you are threatening me with I feel is against the Canadian Charter of Human Rights and Freedom when I need proper accommodation. I can have inspections done by an independent company and be in compliance with RDCO’s Bylaw #835 and the BC Building Code. It says on the building permit itself, that I am the one responsible. Did you even read the building permit? Doesn’t it say who is responsible? Please make sure you don’t miss reading and understanding this very important fact.

I would like a copy of RDCO’s “build within 4 years policy”, plus would still like to know what the definition of “occupancy permit” means to my building according to RDCO, no matter occupancy permit or not. Who knows, maybe I am eligible for an occupancy permit, but until I know what exactly occupancy permit means to my building (it’s not in the dictionary, or on the net, and I owe the library money so can’t get the building code there), I can only assume. My assumption is that I am ineligible for an occupancy permit right from the very first day I took out the permit, due to the fact that the permit says no electricity. I found out from one of RDCO’s inspectors during an inspection which was after I purchased my permit that a hard wired smoke detector is part of the building code, so now I have electricity with a hard wired smoke alarm that has been inspected and approved and passed. I feel I have fire safety in place. I have a pellet stove that burns so clean that it doesn’t even need inspection, as all pellet stoves pass code when installed correctly. Les Allen, RDCO building inspector did inspect my pellet stove installation on one of his visits. My pellet stove pipe is installed according to manufacturer’s recommendations and to code and bylaw.

I cannot grant an unnecessary re-inspection to tell you what you already know gathered from the inspections done thus far and what I have told you. I will not be moving forward past the next required inspection without an inspection done by an independent company paid for by RDCO. You will know when I ask for the money for an inspection that I am at the next stage of building and I will submit a copy of the inspection report to you after the inspection, I promise. If RDCO chooses not to pay for the inspection, then that’s RDCO’s problem. I paid for my permit and if you choose not to pay for the inspection of my building since I don’t trust RDCO, it won’t be my fault it won’t get an inspection. I surely can’t afford any unaccountable extra costs other than what I absolutely need to afford when I live so poorly. And just because I didn’t get an inspection does not mean the building is not built to code or bylaw.

I believe what you are seeking (non-occupancy) cannot be accomplished, so what is it that you are going to threaten me with next, or are you going to leave me alone now? If you try dragging me from my building, you can expect to find the whole incident in its entirety on U-tube for the world to judge, as there is video security here and you will be on my property! I believe no judge in their right mind would make me sleep in a tent for the winter over a building that is built to code and built on time so that I have a roof over my head. Think about it! Myself, I think RDCO would look ridiculous on the local 6 o’clock news trying to create homelessness, don’t you?

In R. v. Collins, [1987] 1 S.C.R. 265 the Supreme Court of Canada said that a search will be reasonable and thus not a breach of a citizen’s s. 8 Charter right “if it is authorized by law, if the law itself is reasonable, and if the manner in which the search was carried out is reasonable.” I feel the law itself is unreasonable and a search (inspection) is not required until June 2010.

If you can’t write it down in your own words what an occupancy permit means so that I can understand it, then I don’t know what I can do to improve the situation. I do want to live in a proper dwelling sooner than later, but I can’t afford to purchase the BC Building Code book because of the high cost. I would have to buy the plumbing code, fire code, electric code, etc.... how much do you think all those books would cost? Why isn’t this information freely available to the public at no cost? If you want people to abide by the rules, then they should be freely available to abide by! I feel the information I am seeking should be on the Regional Districts website, and why isn’t it? Why do I have to ask for clarification on the information that the building dept gave me and want me to follow? What does RDCO have a website for if it doesn’t want to use it? With the internet these days it wouldn’t be that expensive for the BC Government to put the BC Building Code on the net to be more accessible and have less recycling. I think the Government just wants to make money off people by selling the book. I can’t change the fact that I cannot afford governments ways of doing things.

I did receive some information along with my building permit that to me is so very vague, so it would be best if you could clarify what “wall finish” etc. means by definition. Would gyproc mudded and taped be enough or does gyproc need paint as well for it to be called wall finish? Wall finish is too broad of a statement for me to completely understand.

Can you please clarify the definition of “Occupancy Permit” in Bylaw #835 as I do not understand it? The definition states “the Inspector considered that no further inspections were required”. Does this mean no further inspections would be required on the whole building project permit or does it mean that no further inspections would be required on just the portion of the building project permit given the “Occupancy Permit”? If I were granted an “occupancy permit” without completing the building project permit, would I be permitted to occupy the whole building or only a portion of the building that is given an “Occupancy Permit”? What does the definition of “Project” mean? The definition of Project says it means “construction” and that it means “removal or change or class of occupancy”, but it doesn’t explain what construction in that it could be a chicken coop or one room or the whole building permit. What do these things mean in this bylaw? I do not understand bylaw #835.

It is important for the Regional Board members to understand that the property owner is ultimately responsible for ensuring that minimum code regulations are met which is not the building inspector (please read the building permit). I feel I have met the minimum code requirements and more, plus I feel I have abided bylaw #835 according to the inspections done thus far. Proper further inspections will be carried out with reports forwarded to RDCO’s Building Inspection Dept. attention Chief Building Inspector only if RDCO will pay for the inspections.

I feel that if RDCO can permit an improper building permit, is it safe to say that RDCO will perform a proper inspection? It is my decision to not have RDCO inspect but to have a certified company inspect, as I am the one ultimately responsible and it is hard for me to trust RDCO. I do want to build correctly and to code and accordingly to RDCO’s bylaw to the best of my ability and to the Canadian Charter of Human Rights and Freedom.

Can you promise me something Ray? That if you decide to continue with what you are proposing, that you will give all my letters in regards to this to each of the Regional Board members to read, well before they need to make a decision? I wish them to have time to comprehend what I am trying to tell you, and so that they have time to do some research to read the Canadian Charter of Human Rights and Freedom if they haven’t already, and before they have to make a decision, so that they can make a well informed decision? I don’t want the Board Members to make a mistake on taxpayer’s behalf because they had no time and rushed to make a decision in favor, on your recommendation. I recommend Board Members read my letters and if need be seek a lawyer’s advice, just as I sought a lawyers advise. My lawyer recommended to me in writing to live in the building and let the court decide if need be, so that is why I recommend to the Board Members to seek a lawyers advice before they make a decision on your recommendations. I feel your proposed recommendation to the Regional Board would be in conflict with what my lawyer advised me, and I would hate to see taxpayers pay for a mistake you recommended without first seeking further advice from a lawyer first. Maybe that would help clear up our disagreement if my letter hasn’t already.

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July 9, 2009 RDCO passed their policy that you have to build within 4 years

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.

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INDEX ALL ] Boucherie Rd ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Penticton ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

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Index

Boucherie Road ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Pentiction ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

You will find local North Westside Road BC businesses, services, classifieds, local arts and crafts, vacation waterfront rentals, plus much more located near and around Okanagan Lake BC.  We will be adding to this site, so come back and check it often.

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