Attachment 14: 2024 04 15 - SWO Letter

Re: STOP WORK ORDER – 12 VICKERY RD

In response to your email dated February 29, 2024, the Town of View Royal has not received any approved field reviews pertaining to framing from your registered professional of record Mr. Mark Buesink. In recent correspondence with Mr. Buesink, it was confirmed that there have been no approved field reviews issued for framing. In fact, the last review submitted by Mr. Buesink pertaining to the framing had numerous deficiencies that required attention. Upon your request, a third-party review was performed by Mr. Thor Tandy, who provided a report containing a list of deficiencies that corresponds to the list that was provided by Mr. Buesink.

The BC Building Code lays out the minimum requirements for builders to follow. If the scope of work goes outside these parameters, it clearly states that professionals are required. As your project required the services of a professional Engineer for design, it also requires approved and signed field reviews throughout the construction process. Municipal inspections are still required, in accordance with the Town’s Building Bylaw No. 1111 and are complimentary to the field reviews from the professionals. From the emails received, it is our understanding that you will not be retaining the services of Mr. Buesink to complete your project, and as such the BC Building Code states the following:

2.2.7.4 Termination

1. An owner must not terminate the appointment of a coordinating registered professional or registered professional of record unless a) the owner immediately replaces the coordinating registered professional or registered professional of record, or b) the owner has complied with Clause (1)(b) and Sentence (2) of Article 2.2.7.2. by delivering letters in the forms set out in Schedule A, B, C-A and C-B, as applicable, to the authority having jurisdiction.
2. In respect of a project to which this Subsection applies, a) if the coordinating registered professional ceases to be retained at any time before the completion of the project, both the owner and the coordinating registered professional shall notify the authority having jurisdiction, and b) if a registered professional of record ceases to be retained at any time before the completion of the project, both the coordinating registered professional and the registered professional of record shall notify the authority having jurisdiction.
3. Notification under Sentences (1) and (2) shall be made, a) if possible, before the coordinating registered professional or registered professional of record, as the case may be, ceases to be retained, or b) if advance notice is not possible, as soon as possible.

Given that the Town has not received any approved field reviews from your EOR, and your building has not passed required municipal inspections, a Stop Work Order (SWO) has been posted on site, in conjunction with a copy of this letter being delivered by hand and through registered mail. All construction activities must cease until the SWO has been removed by letters delivered to the Town of View Royal of the process laid out in the BC Building Code, or a written letter stating that you will be continuing with the services provided by your registered professional of record.

If the owner or constructor violates the Stop Work notice, then there is a penalty of $1000 per day, in accordance with the Fees & Charges Bylaw No. 958.

Should you have further questions, please contact the Building Department directly at buildingpermits@viewroyal.ca or (250)-708-2256.

Regards,

Stephen Patterson Building Official