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Function residents ordered to vacate homes

Illegal suites considered to be a fire hazard
function-guys

In the last month several dozen residents living in Function Junction have returned home to discover notices under their doors from landlords and Whistler Fire Services advising them that they have 30 days to move off the premises. Some have already left while others have been given temporary one-month extensions.

More notices will be handed out shortly, with residents and landlords being given between 30 days and six months to vacate illegal suites, depending on the kinds of activities taking place in the warehouses and shops they live over.

"The buildings are seen as a fire hazard to some degree, which makes sense to some degree, but what matters is how it was dealt with – flyers under the door informing you that you have 30 days to leave, it’s a bit of a shitty situation," said Christian Kessner.

Kessner is one of the tenants that is being evicted, along with eight others in the same building. He estimates that between 40 and 80 people will be affected.

He returned home after travelling for three months to find that he had been given notice on March 5 to vacate by April 4. He has received a 30-day extension given the circumstances, but will have to find a new home in early May.

"Right now I feel let down. I just put some money into renovating my place, and I’m thankful for the rent I pay now. Now I have to go somewhere else and probably pay for three times as much," said Kessner.

His landlord in apologetic and has hired a consultant to find out what changes have to be made to the property to bring it up to fire code, so that it can be rezoned to allow residential housing. In the meantime, Kessner says he has been told that there is nothing he can do. He hopes that the municipality will get involved.

"This is where people with low incomes can afford to live. There is limited accommodation in Whistler for people, and not much that is really affordable," said Kessner.

He knows of one resident who has been living in Function Junction for 18 years. He also knows of a father with three older kids who is contemplating moving because there’s nothing else in their price range.

"They’re low income earners in that sense, and may have to leave Whistler," said Kessner.

Garry Leson is that father and he’s been living in Function Junction for two-and-half years with his sons Terry and Tom and daughter Megan.

Until they found their place in Function, they were forced to move three winters in a row as their leases ran out. He missed work in the process.

Garry, Tom and Megan Leson have written letters expressing their frustration with the situation and the current housing market, asking Whistler Fire Services for an extension until May.

According to Whistler Fire Services, its hands are tied when it’s a fire code issue.

"It’s a matter of whether we can sleep at night. If a building is not zoned for residential use and I know people are living in it with a hazard down below… we have no choice but to deal with it. We have no other option but to enforce the code, and there’s a good reason for that," said assistant fire chief Chris Nelson.

"Some buildings have a mechanics’ shop in them, and that’s a medium hazard. There are a lot of dangers like acetylene torches, combustibles, gasoline, accelerants, and if there happened to be a fire in that occupancy then there’s no link upstairs to let the people know what’s going. There’s no alarm to wake them up, the smoke migrates upstairs because the building wasn’t designed for it, and there’s no secondary way of escaping. There’s no fire doors or lighting or sprinklers."

Nelson says most landlords and tenants are complying with the orders. In addition, more residents living in buildings that are not built and zoned for residences will receive similar notices in the next few weeks. Those who live in buildings where the risk is considered low can get up to six months notice.

"Some places we have given extensions, and in those cases we have made sure than any medium hazard businesses are operating in the safest possible manner and that they’re knowledgeable that there are tenants above," said Nelson.

"Unfortunately it’s the tenants who are the third party innocents. Housing is tight and they needed a place to live, and they didn’t realize that what they were doing was potentially dangerous. In some cases the owners don’t know either. It’s our job to consider the ‘what ifs?’"

Nelson says Whistler Fire Services would have no objection to housing in the area if the buildings were brought up to code and the zoning was changed to allow the suites, which are illegal under current bylaws as well as the B.C. Fire Code.

Under the current codes, one residency is allowed per building, with the understanding that it would be used by a night watchman or night manager. Significant changes would have to be made before the number of residences could be safely increased.

"Basically what would have to happen is that a code consultant has to be brought in to determine whether the building can be brought up to code. If that’s the case it’s a matter of going to council and seeing whether or not council would like to have it rezoned. Those are the steps you have to take to legitimize the space."

Nelson said Whistler Fire Services first heard about the suites as a result of recent complaints and through their involvement in the Public Safety Taskforce. The taskforce includes members of the Whistler Fire Services, the bylaw department, and various municipal departments. It meets every three weeks to discuss safety issue.

The issue of illegal housing and the fire hazard in Function Junction came up and Whistler Fire Services had no choice but to investigate and take action.

Whistler Councillor Kristi Wells says the issue underscores the need to revisit zoning in the Function Junction area and for the municipality to decide what kinds of activities should be allowed in the area.

"On the fire issue, that’s to do with the B.C. Code thing, not a municipal code… if the building doesn’t meet code, it doesn’t meet code," said Wells.

"It’s the same in Surrey, it’s the same in Kamloops and we have no flexibility around that.

"As far as the temporary measures, issues of hardship, council will always consider that but that doesn’t mean they (the residents) can stay."

The council is not currently considering any initiatives that could prevent or offset the loss of housing in Function Junction, but she says that zoning in Function Junction is on the Planning Department’s To Do list.

"Function Junction has changed its uses and has evolved into something different than was originally planned or intended," said Wells. "It certainly started as a very industrial area.

"I think what this does do is give a greater sense of urgency to the whole issue around Function, because it’s not just the living issue. There’s issues of zoning there as well, and it’s strange what its uses are. For example, let’s take a hairdresser… you can cut hair on the bottom floor but you can’t colour it, you have to go to the second floor for that. Or you can have retail on the bottom floor, but not on the second floor. Lawyer’s offices, accountants, they aren’t really allowed down there, but that’s what’s down there.

"A whole redrafting of the zoning, which was done in the early ’80s I’m guessing, is necessary."

Tim Wake, manager of the Whistler Housing Authority, says it is unfortunate that this had to happen but things could be worse for the displaced Function residents.

"I can tell you that it is an excellent time of year to be relocating either into the private sector market or our rental housing," said Wake. "We do have some vacancies and people can get on our waitlists, so this is one of the few times of the year where we can help."