The owner of a busy Port Coquitlam garden and fashion centre claims his store is safe despite numerous complaints from authorities.
Last week, PoCo city council held a hearing to consider filing a Section 57 notice on title against Art Knapp Plantland and Florist in an attempt to force owner Wim Vander Zalm to bring the Dominion Avenue buildings up to health and safety standards.
During the April 25 deliberations, PoCo building manager Shawn Hagan showed photos of renovations and alterations done to the structures without permits and he highlighted more than two dozen deficiencies the city claims puts people at risk.
Hagan said city staff — as well as the fire department and BC Safety Authority — have been in contact with Vander Zalm since late 2013 with requests to bring the buildings up to code but their attempts so far have been unsuccessful.
Under the provincial Community Charter that governs municipalities, a local government can file a Section 57 (3) notice on title to provide a property record of non-compliance and to shift the liability away from the city. The notice is also intended to encourage the property owner to make the necessary upgrades.
According to the latest letter sent to Vander Zalm, dated March 27, 2017, the fire department noted several violations during an inspection on the same day.
Among the deficiencies are: poor electrical installations; combustible storage in electrical room; lack of fire separations; blocked or insufficient number of exits; no exit signs; inadequate emergency lighting; occupant loads not posted; lack of a fire safety plan; obstructed extinguishers; and inappropriate structural designs.
As well, Hagan told council, the fitting rooms in the fashion area aren't legal and there are no sprinklers.
In January 2016, consultants made a number of recommendations to Vander Zalm on how to move forward. But, a year later, he had still not brought the existing buildings up to BC Building Code standards nor had taken out permits.
In his defence, Vander Zalm told city council the issue was "convoluted and complex" as his main building went up as an agricultural structure in the 1980s and, at that time, permits weren't required under the National Farm Code.
Vander Zalm also warned council that should a Section 57 notice be filed on title, "it could result in the closure of my store" as it would impact future borrowing from financial institutions and, possibly, prevent him from obtaining insurance.
He said he is trying to make repairs. "Will I be able to bring it to today's building code standards? No. It's unreasonable and unaffordable," Vander Zalm said.
Hagan, too, acknowledged the high cost to upgrade but suggested Vander Zalm start with the consultant's report as a guide to correct the numerous deficiencies.
On Monday, Vander Zalm told The Tri-City News that the city's photos and information were outdated and he claimed he is now "100% in compliance" with all agencies. (BC Safety Authority has yet to sign off on its report, he said).
"There is no safety concern as far as I am concerned," Vander Zalm said.
In the meantime, city council has delayed filing a Section 57 notice to allow the business to fix the deficiencies; a progress report is due before council in a year.
"Our goal is to get to a safe place for workers," said Mayor Greg Moore in changing the motion that would defer the notice.
Still, Coun. Laura Dupont opposed the amended motion, noting Vander Zalm's lengthy non-compliance. She said city staff have yet to receive proof from health and safety agencies that Art Knapp's structures are safe.
Dupont also pointed out that council, earlier in its April 25 meeting, had passed a proclamation to recognize April 28 as the day of mourning for workers killed or injured on the job.
