YELLOWKNIFE - City council recently upheld a building inspector's decision not to approve a secondary rental suite in a Niven Lake home because the building lacks a sprinkler system.

Sean Kollee and his partner Jennifer Morin appealed a Dec. 28 decision by city inspector Daniel Duval.

Sean Kollee and his partner Jennifer Morinson, seen here with their son Archer, disputed a city inspector's decision that the secondary suite in their Niven Lake home required a sprinkler system. City council sided with the inspector on Jan. 23. - Peter Crnogorac/NNSL photo

The secondary suite Kollee and Morin built in their home on Niven Drive did not pass inspection because city bylaw requires two-family and multi-family dwellings to have sprinkler systems.

"He was told of the rules for secondary suites," Duval told city council at a hearing, Jan. 22.

"The work was completed without the sprinkler installed."

"There's no variance to this bylaw," Duval added. "It's fairly black and white."

At the hearing, Kollee said that under Alberta's rules, sprinkler systems aren't required for secondary suites.

"In Alberta, one layer of drywall is considered safe enough," said Kollee. "I have six layers and a concrete wall separating the unit and a boiler room."

The National Building Code of Canada also does not require sprinklers, Kollee said. Requirements for sprinkler systems for secondary units are initiated by municipalities through localized bylaws.

Kollee said it would cost more than $10,000 to put the sprinkler system into the suite now that construction is finished.

He said that by the time he realised he had to put the system in, the work on the suite was almost finished. He added he didn't put the sprinkler system in because he couldn't find anyone in the city willing to do the work.

Kollee said he had planned to rent the suite for about $750 a month.

"There's a need for affordable housing in this city," he said.

Kollee said the secondary suite has a smoke alarm that is hooked up to smoke alarms in the main dwelling and because of this there would be "...enough time to allow people to escape."

Council deliberated in-camera before upholding Duval's decision.

Coun. Bob Brooks said last Thursday that the inspector followed the bylaw properly, and council had no choice but to back his decision.

"In my view, the inspector followed the bylaw to the letter, so we had no choice but to back his decision," Brooks said.

"However, council will be reviewing this bylaw sometime this year," he added. "And depending if the bylaw is changed, (Kollee) can again apply for a permit."