Jeremy James Simonson (“Simonson”), contrary to section 14(1) of the Homeowner Protection Act (the “Act”), conducted the business of a residential builder without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) between the period of, or about, August and September 2023, regarding a new home in Vernon, BC (the “New Home”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) since the New Home was de-enrolled from HWI coverage on September 13, 2023, contrary to section 22(1) of the Act. On August 24, 2023, BCH issued Compliance Order 23-0014 (“CO”) to Simonson. On September 25, 2023, BCH issued Amended Compliance Order 23-0014-1 to Simonson modifying the orders contained in the CO, and directing that Simonson:
- cease carrying on the business of a residential builder as defined in the Act. More specifically, to cease engaging in, arranging for or managing the construction of the New Home; and
- immediately either:
- apply for and become a BCH LRB pursuant to section 14(1) of the Act, and register the New Home for coverage by HWI provided by a warranty provider pursuant to section 22(1) of the Act;
- provide BCH Compliance Department with proof that the New Home is being built by a LRB and is enrolled in a policy of HWI pursuant to section 22 of the Act; or
- if Simonson meets the eligibility requirements, Simonson may apply for, and be issued, an Owner Builder Authorization for the New Home pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation.
Simonson was ordered to comply with Amended Compliance Order 23-0014-1 by October 27, 2023.