Reid Gary Pirie (“R.G. Pirie”) and Lindsay Marie Pirie (“L. M. Pirie”) (together, “the Piries”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), built a new home in Winlaw, B.C. (the “New Home”) in, or around, 2012 without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance provided by a warranty provider. On February 11, 2014, the HPO issued Compliance Order 14-0005 to the Piries directing that the Piries:
- immediately apply for and become an HPO LRB pursuant to section 14(1) of the Act and register the New Home for coverage by home warranty insurance provided by a warranty provider pursuant to section 22(1) of the Act,
- provide the HPO with proof that the New Home was built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act,
- 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 (the “Regulations”), and fulfil the requirements of being an owner builder; or
- provide the HPO with evidence that the New Home is no longer a residential dwelling unit and no longer meets the definition of a “new home” under the Act and Regulations.
The Piries were directed to comply with Compliance Order 14-0005 by March 21, 2014.