Attachment 10: 2023 08 16 Robert Gutierrez Report

BUILDING INSPECTIONS REPORT

August 16, 2023

Subject: Building Code Compliance Report. #12 Vickery Rd. View Royal.

B.C. Building Code Article 1.2.1.2. Responsibility of Owner provides information and requirements that must be follow by the Owner of the property as per below:

1. Unless otherwise specified in this Code, the owner of a building shall be the person responsible for carrying out the provisions of this Code in relation to that building.
2. The owner of a building is in no way relieved of full responsibility for complying with this Code including providing B.C. Building Code Schedules for the granting of the building permit Conditions for the granting of the building permit.

History.

Records indicate that our office received the application from Anna and John Becker on September 9th, 2019. The building permit was issued on October 4th, 2021, and renewed on October 4th, 2022. The original building permit required that a structural engineer be involved for the construction of the Single-Family dwelling.

The original building permit required that a Structural Engineer be involved with the construction of the Single-Family dwelling. Our office received B.C. Building Code Schedules from Blue Point Consulting, the structural Engineering Firm that was hired by the owners to help them with the construction of their home. A building permit was issued by the Town of View Royal once it had received confirmation and B.C Building Code Schedules from the Structural Engineer of record. The issuance of a building permit would not have been granted had the owner not provided the Town of View Royal with the proper documentation required under the B.C. Building Code for compliance to the Code.

Complaints received from the owners.

Records indicate that the owners of the property requested assistance from our office with respect to the structural engineer of record, reports, and billing for work while they were following up with the construction project. Anna and John Becker requested for the town of View Royal to provide information with respect to who to complaint regarding the Structural Engineer Association. (APEG), as they were concerns unhappy with the P-Engineers inspections and the list of deficiencies left for Mr. Becker to correct for their approval.

A review of our files indicates that the frustration between the Mr. Becker and the P-Engineer of record, had deteriorated, to the point of exhaustion.

Mrs. Becker contacted the office and requested, information with respect to complaints about the P-Engineer of record. It was our understanding that she wrote a letter of complaint to the APEG, and the Engineer of record about the unfairness and the cost associated with the inspections from the P-Engineer of record.

As you are aware, the Engineers Association handles complaints by having a peer’s review process that can be handle by another Professional Engineer. The professional Engineers have a code of ethics that they must follow, and the B.C. Building Code respects the professionalism of the Engineers.

The third-party review was carried out by Thorn Engineering at the request of Blue Point consulting. We have contacted Thor Engineering and have been informed that Blue Point Engineering has paid for his peer’s review work.

A final inspection report has not been provided because Mr. Becker has failed to remediate, the items listed under March 28th, 2023, and May 13, /23.

Notes to Part 2 Administrative Provisions A-2.2.1.2. (1) Structural Design. Part 4 of Division B is written on the assumption that structural design will be carried out by a registered professional who is qualified to perform such design.

Request to cover the Becker’s cost:

In response to Mr. and Mrs. Becker request to cover the cost associated with the engineer’s work. I find it insulting that the Town of View Royal be requested to provide the funding for their residence. The requirements for the hiring of the Structural Engineers, are conditions from the issuance of the building permit. It is the owner’s responsibility to hire the professional Engineer.

Conclusion

The project has not been approved by the P-Engineer, as we have not received their final report and/or Final C/B Structural Schedules. We have notified the owners of the outstanding deficiencies. To date they we have not been given a Framing inspection approval. We have notified the owner that no consideration will be given for framing inspection until our office has received confirmation and the approval for the work by the Structural Engineer, a requirement under the BCBC. I recommend that we start the process of a Notice on the Land Title to avoid future liability for the above project.

Please let me know if you require additional information or clarification of the above concerns.

Yours truly,

Robert Gutierrez RBO, ACBOA Building Inspector