Enforcement Action: Compliance OrderIssue Date: March 25, 2020
Harry Tensen (“H. Tensen”) and Debra Marion Tensen (“D. Tensen”)(together, “the Tensens”), contrary to sections 14(1) and 22(1) of the Homeowner Protection Act (the “Act”), commenced or caused to have commenced construction on a new home in Edgewood, BC (the “New Home”), sometime prior to August 26, 2019, without being a BC Housing (“BCH”) Licensed Residential Builder (“LRB”) and without the New Home being registered for coverage by home warranty insurance (“HWI”) provided by a warranty provider. On March 25, 2020, BCH issued Compliance Order 20-0012 to the Tensens directing that the Tensens:
• ensure all construction activities cease on the New Home; and
• immediately either:
a. 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; or
b. provide BCH Compliance Department with proof that the New Home is enrolled in a policy of HWI pursuant to section 22 of the Act; or
c. if H. Tensen or D. Tensen meets the eligibility requirements, either H. Tensen or D. Tensen may apply for, and be issued, an Owner Builder Authorization for the New Home on the property pursuant to section 20(1) of the Act and section 4.1(2) of the Homeowner Protection Act Regulation, or
d. provide BCH Compliance Department with evidence that the New Home is no longer a residential dwelling and does not meet the definition of a ‘new home’ as defined under the Act.
H. Tensen and D. Tensen were directed to comply with Compliance Order 20-0012 by May 29, 2020.