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Whistler Kids daycare sets Jan. 17 opening date following lengthy delays

The RMOW issued the facility a ‘Do Not Occupy’ order last week as it awaits final inspections
Whistler kids daycare rainbow plaza dec 15
The much-anticipated Whistler Kids Daycare in Rainbow was issued a Do Not Occupy Order on Tuesday, Dec. 14, ahead of its targeted opening date of Jan. 17.

A highly anticipated daycare is finally set to open its doors to Whistler families in January, after a months-long delay marked by sluggish permitting processes, closed highways and a “Do Not Occupy” order issued by the Resort Municipality of Whistler (RMOW) last week.

Whistler Kids daycare in Rainbow Plaza is targeting Jan. 17 as its official opening date, after initially intending to launch operations last September. Its co-owner-operators, Steven Christian and Melissa Baxandall, are also behind the already up-and-running childcare operator Creekside Kids facility south of the Village.

The landlord for the space located at 109-8200 Bear Paw Trail previously entered into an agreement with Creekside Kids to fill the site, which can accommodate 23 kids and five staff. The provincial government awarded the facility a grant to help fund those spaces earlier this year. Whistler Council adopted a rezoning bylaw for the Rainbow Plaza daycare on May 18. In that same month the daycare was already sitting at a more than 300-child waitlist that still stands today, said Christian.

“As soon as we get everything done that we have to get done, and the contractors have to get done, [the Vancouver Coastal Health licensing representative] is going to come see us and it’s possible we could open before that, but that's our official date that everybody, all parties involved, have agreed upon,” he explained. “And if we can do better then we will do better … we're just doing our best to get this done as fast as we can.”

The in-demand facility first ran into delays earlier this year, when the RMOW was targeted by a ransomware attack that slowed or halted most municipal processes. (According to its operators, Whistler Kids submitted its building permit application in March, but it took until Aug. 31 to get it approved.) Then, Christian said, the daycare had to wait for inspections after a few small but integral parts for the renovation were stuck on the other side of the debilitating highway closures B.C. experienced following the atmospheric river events in November.

The facility hit another hurdle last week, when the RMOW issued a “Do Not Occupy” order for the facility.

Whistler Fire Rescue Service delivered the order to the Whistler Kids Daycare, on Tuesday, Dec. 14, after attending the location to perform an urgent inspection, according to the RMOW. In a release, the municipality said it learned on Dec.13 that the daycare had begun operations and accepted children into its care without the required Fire Safety Inspection, multiple required building inspections, an occupancy permit or a business licence.

Though the RMOW said its bylaw team had already received an application for a business licence from the facility, it acknowledged the licence cannot be granted without a fire safety and building approval, and proof of a community care facilities licence from Vancouver Coastal Health. In B.C., a community care facilities licence is required for all businesses providing care to three or more children who are not related to the operation by blood or marriage. 

“We know that this potential closure has a significant impact on many who were relieved to have finally secured a childcare spot in Whistler,” said Mayor Jack Crompton in the release. “However, there is simply no way we can allow this childcare centre to open without any of the proper safety inspections or a Vancouver Coastal Health childcare licence."

Christian countered that the daycare had in fact never opened for business, but said the facility had welcomed families into the space for an open house the previous weekend.

“We never officially opened our doors … You're not open for business until you have a business licence,” he said. “But we're childcare and people need our services and it's Christmas time and we were just doing the best we can. We're at the mercy of everybody else.”

The order went into full effect at 6 p.m. on Dec. 17, meaning the facility will not be allowed to operate until the Fire Chief receives "satisfactory compliance" from the daycare. The Do Not Occupy Order will be rescinded when Whistler Kids daycare has met the BC Building and Fire Code's requirements related to Registered Professional Field Reports, Mechanical Engineers Field Report and a Sprinkler Engineer Drawing and Stamp.

Christian said the facility would remain closed as it awaits those final inspections. He apologized to families for the miscommunications and said he’s looking forward to a positive working relationship with the municipality as the daycare prepares for its opening. 

“I've already talked to the city and we've got plans to get everybody out here … I'm just going to try to get the last couple little things done. I mean, we're talking about the finer things now, that need to get done so everybody can stamp approved and we can move on,” he said.

“I love the support we get from people, and I'm sure this has inconvenienced people, but I also just hope that these things don't get blown out of proportion. Because the fire department is concerned with safety, and they have to be. You need a business licence to operate, [and] you need the fire department's approval to do that. And we had people on site before we should for a variety of reasons, and, you know, they don't want us to do that. So we're going to deal with it.”

The BC Building Code includes particularly stringent requirements for daycare facilities that serve children under 30 months old, since they include sleeping facilities, and because children in that age group cannot self-evacuate a building, the RMOW's release explained. All businesses in B.C. are required to comply with the BC Fire Code and the BC Building Code.