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

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

Minutes are not approved by the Regional Board to post to RDCO's website until after the following Regional Board Meeting and could be a month or two after August 12, 2010.

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

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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Audio - Revised Note Regarding This Meeting.pdf

Audio_Brd_July 8, 2010.mp3 -  (223 MB)

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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Audio - Revised Note Regarding This Meeting.pdf

Audio_Brd_July 8, 2010.mp3 -  (229 MB)

Item 4.1 Outdoor Wood Boilers.pdf

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Audio - Revised Note Regarding This Meeting.pdf

Audio_Brd_July 8, 2010.mp3 -  (229 MB)

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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Audio - Revised Note Regarding This Meeting.pdf

Audio_Brd_July 8, 2010.mp3 -  (229 MB)

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

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.

Item 6.1 Bylaw Dispute Adjudication Program.pdf

Agenda - April 8, 2010.pdf

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.

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.

*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.

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

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.

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.

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

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.

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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.

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.

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.

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

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

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.