Okanagan couple faces fines, legal action over tiny home - Action News
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British Columbia

Okanagan couple faces fines, legal action over tiny home

A Peachland, B.C., couple is facing the threat of a $1,000 fine and legal action if they do not remove their custom-built tiny home from their rural property by the end of April.

Regional district says tiny home doesn't meet building code standards

A middle aged man is sitting on the steps of the deck of his tiny home petting his large dog with his wife standing nearby petting a second dog on their wooden deck.
Ryan King and Lisa McIntyre have lived in their tiny home on their rural Peachland property with their three dogs for eight years. (Brady Strachan/CBC)

A couple is facing the threat of a $1,000 penalty and legal actionif they do not remove their tiny home from their rural property near Peachland, B.C.,by the end of April.

It's one of at least two casesin the Regional District of Central Okanagan (RDCO) where people living in unconventional homes are being pressuredto remove their structures due to safety concerns putting the homeowners ina situation where they'll need to find a new place to live in a region with few affordable housing options.

Eight years ago,Ryan King imported a custom-made trailer from the U.S. and constructed atiny home on land he owns near Peachland, about 25 kilometres southwest of Kelowna,for about $25,000.

The 225-square-foot home isequipped with a kitchen, two loft bedrooms, a small wood-burning stove and a bathroom with a shower and composting toilet. King milled a large tree on the property to build counter space in the home and a spacious deckattached to the front of the trailer.

'Reasonable and sustainable way to live'

King said onlygrey waterfrom the home's sinksgoes back onto the land. He placed the tiny home on a level area on his secluded, 12-acre property which has a small creek running through it in the valley bottom.

"I think this is a very sustainable and reasonable way to live," King said.

"I like the idea that [the tiny home]is on wheels. I can just take the deck out of the way, throw the wheels on and haul out of here at any given time, which is great for wildfire season."

WATCH | This tiny home is being threatened with legal action:

Okanagan district threatens fines against couple living in tiny home

6 months ago
Duration 2:18
An Okanagan regional district is threatening fines and legal action against a couple living in a tiny home they built on their rural property near Peachland one of at least two cases where people living in non-traditional homes are being pressured to leave. As Brady Strachan reports, the residents say they have no place to go.

For five years, King andhis wife Lisa McIntyre lived anoff-grid andsustainable lifestyle with their dogs in their tiny homewithout any issues.

However, three years ago the regional district posted a "stop work order"on their front door.

Home doesn't conform with building standards

"I called up the regional district and said, 'Hey, what's this all about? I'm not building. I've been living here for years.' And the bylaw officer informed me that [the tiny home] isnot allowed," King said.

Since then King and McIntyre havebeen fighting with the district to stay in the home.

A letter King shared with CBC Newsfrom the RDCOlays out the issues the district has with the structure.

"It does not align with the B.C. building code, CSAsafety standards or land use regulations. It is neither a certified tiny home nor a CSA classified recreation vehicle," the letter states.

"The wastewater system you are currently using is not permitted in this streamsideaquatic protected area."

Man is opening a small wood-burning stove in a tiny home.
With the help of friends in the construction industry, King took a custom-built trailer and built his unique tiny home using wood he milled from a large tree on his Peachland property. (Brady Strachan/CBC)

If King does not remove the structure by the end of April he will be issued a $1,000 penalty and the dispute will be settled in provincial court, the letter states.

"It's devastating. The thought of it, given the deadline to be out of our place and you don't know where you are supposed to go, is mentally draining," McIntyre said.

Senior living in an RV on a rural property

King and McIntyre are not the only peopleliving in an unconventional home facing pressure from the RDCO.

Jim Frank, 74,lives in an RV on aproperty about two kilometres south of Kelowna.

For $850 a month in rent and utilities, Frank gets a secluded space and gardenarea. There are two other RV owners with a similar arrangement on the property, according to Frank.

However, his landlord isfacingfines and legal action from the RDCO over the unpermitted RVs.

CBC News has not been able to reach Frank's landlord and the regional district has not provided details of his case, saying it only deals with landowners.

For Frank, the thought of having to leave the propertyis daunting.

A portrait shot of a senior male sitting on a couch in his RV.
Jim Frank fears he will be left homeless if he is forced to move his RV from a rural property where he is renting, saying he will have no place to park it and not enough money to afford to rent an apartment. (Zoom)

The Central Okanaganis one of the fastest growing regions in the country. Last year the city of Kelownareleased a housing needs assessmentthat showsadeficit of up to 5,000 homes, withseniors, refugeesand people with disabilitiesfacing the greatest challenges in finding homes.

With only his $2,000 a month pension as income, Frank said he'll likely end up homeless if he's forced to leave the property.

"I have no resources to move and my pension is not enough for me to rent a room somewhere," Frank said.

Homes need to meet building and safety standards

In an email to CBC News, the RDCO said thehousing crisis is somethingit is aware ofbut the district needs to "ensure homes meet standards and are safe for current and future residents."

RDCOdevelopment and engineering services director Todd Cashintold CBC News he couldn't say how many people are living in unpermitted structures or RVs in the regional district, but he said municipalities are seeing more and more cases because of the housing crisis.

RVs,tiny homes and mobile homes are allowed in permitted zones, Cashin said, as long as property owners abide by provincial and municipal regulations.

When asked what responsibility the RDCO has in ensuring bylaw enforcementdoes not make people homeless, Cashinsaidthe districttries to work withowners to come up with solutions for issues on private property.

"We are doing ourbest to change policy and change bylaws so that there are more housing options available for peoplebut, again, it has to be done in a safe way that is safe for people and the environment."

Meanwhile the Peachland coupleand Jim Frank think the regional district needs to adjust its bylaws to allow for structures like theones they are living inbecause of the current housing situation in the region.

"They keep bringing up safety. We're uber safe," McIntyre said.

"Nobody is working with us. They give you a deadline and don't care what happens to you after that."