ADMINISTRATIVE REPORT

Date: March 18, 1998

Author/Local:C. Robbins

7535

CC File No. 2701-1

TO:	Standing Committee on City Services and Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 496 East 19th Avenue Lot T, Block 51, District Lot 301, Plan LMP31879

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 496 East 19th Avenue in order to warn prospective purchasers that there is a contravention of the Vancouver Building By-law related to this building.

GENERAL MANAGER’S COMMENTS

The General Manager, Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

The Vancouver Charter, Section 336D, provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contravention of City By-laws relating to land or a building or structure.

Section 336D of the Vancouver Charter provides that, if the City Building Inspector observes a condition that he considers:

(a)to be in contravention of a By-law or regulations relating to the construction or safety of buildings or structures; or

(b) as a result of that condition, a building or structure is unsafe or is unlikely to be useable for its expected purpose during its normal lifetime; or

(c) the contravention is of a nature that a purchaser, unaware of the contravention, would suffer a significant loss or expense if the By-laws were enforced against him;

he may recommend to City Council that a resolution be considered, pursuant to Section 336D (2), directing the City Clerk to file a notice against the title to the property in the Land Title Office

BACKGROUND

This is a single family dwelling that was recently constructed under permit. The house is situated in a location of known instability. In such locations, the outright prescriptive foundations design requirements of the Vancouver Building By-law (Part 9) are not applicable. Accordingly, in these circumstances it is required that the owner obtain the services of a Professional Design Engineer to structurally design the foundation based on a geotechnical soils report for the site and Part 4 of the By-law.

For this project, a soils report, foundation design and assurance letter of compliance were provided to the City under the stamp and signature of a Professional Engineer registered in the Province of British Columbia.

DISCUSSION

The District Building Inspector reports that the house on this site was leaning approximately 6" (150mm), indicating an apparent foundation failure. The owner/developer hired a contractor who pumped concrete underneath the foundations in order to level the house. This work was done without the required revisions to the original Building Permit drawings and without the supervision of a Professional Engineer. Consequently, an order has been directed to the property owner requiring that proper plans be submitted and that the remedial work carried out is done under the supervision of an Engineer. It should be noted that the Engineer of record for this site has been notified that any future professional submissions under his signature will only be accepted with a third-party independent structural review and that the matter forms the basis of a complaint to The Association of Professional Engineers and Geoscientists of the Province of British Columbia.

The property is currently listed for sale. The filing of a 336D Notice will ensure that any prospective purchaser is made aware that there is a contravention of the Building By-law related to this building and that the purchaser may suffer a significant loss or expense if the by-law was enforced against him.

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(c) 1998 City of Vancouver