Enforcement Action: Compliance OrderIssue Date: February 3, 2015
Spiketop Cedar Ltd. (“SCL”), James Edward Burgess (“J. Burgess”), and Karen Lee Burgess (“K. Burgess”) (together, “the Burgesses”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced construction on a new home in Port Hardy, B.C. (the “New Home”), on, or about, June 11, 2014, without being a Homeowner Protection Office (“HPO”) Licensed Residential Builder (“LRB”) and without the New Home being covered with a policy of home warranty insurance. On February 3, 2015, the HPO issued Compliance Order 15-0002 to the SCL and the Burgesses, directing that SCL and the Burgesses:
- 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 is being built by an HPO LRB and is enrolled in a policy of home warranty insurance pursuant to section 22 of the Act; or
- 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.
SCL and the Burgesses were directed to comply with Compliance Order 15-0002 by March 13, 2015. Complied.