City of Kelowna staff suggest shorter construction noise window on weekends to curb complaints

Kelowna City Council will be reviewing options to address construction noise next week.

Coun. Rick Webber brought the motion forward in February and his council colleagues supported the idea of exploring options to reduce the impact on neighbourhoods.

“Learning to live with nearby construction has become a fact of life for hundreds of city residents,” Webber’s motion said.

“It seems like infill housing construction within our existing neighbourhoods is here to stay and there’s going to be a lot of it. It just seems like a good time to review the construction rules surrounding that.”

Currently, construction is allowed to start at 7 am and end at 9 pm, seven days a week, 365 days a year, even on statutory holidays.

Additionally, people can apply to vary the construction noise window and variances may be granted by the public works manager or development engineering manager.

Variances for the construction noise window are only granted when the applicant proves that public safety or traffic considerations make it necessary or expedient that the work commence or continue beyond the window.

Alternatively, the applicant can prove that “it is impossible or impractical to carry out” excavation, concrete pouring or finishing, major structural or mechanical component delivery or relocation of a building during the construction window.

In recent years staff have also begun to grant heat-related variances, which typically allow work to begin earlier in the day when temperatures are lower.

A staff report said between Jan. 1, 2023 and April 3, 2024, a total of 132 variance were granted and 80% of the applications were related to concrete pouring or finishing work.

Two options to amend construction noise window

In February, council directed staff to review of relevant bylaws and procedures from a sample of municipalities across British Columbia, which included Chilliwack, Kamloops, North Vancouver, Surrey, Vancouver, and Victoria.

Kelowna’s approach of allowing construction noise 7 days a week, 365 days a year is only seen in one other city, which was Kamloops.

However, the construction noise window of 7 am to 9 pm is generally in line with other cities.

Although construction is allowed on Saturdays in all these cities, North Vancouver, Vancouver and Victoria have a narrowed window.

Kelowna and Kamloops were the only two to allow construction on Sunday.

With all that data in mind, staff are proposing two options for amendments.

The first option would see the construction noise window continue to be from 7 am until 9 pm, Monday to Friday.

However, it would change to 9 am to 8 pm on weekends and construction would be prohibited on statutory holidays.

Under that option, council are recommending that council add unsafe heat conditions as an official variance criterion.

“Staff recommend proceeding with Option 1, allowing construction noise during a reduced window on weekends and prohibiting construction noise on statutory holidays except as authorized by the granting of a variance,” says the staff report.

“A 9:00 am start on Saturday and Sunday will provide flexibility in circumstances where unavailability of materials or trades requires construction work to be shifted into the weekend.”

The second option would see no change to the construction noise window Monday to Friday, construction only allowed between 10 am and 5 pm on Saturday and not allowed on Sunday or stat holidays.

That second option could also council adopt narrower grounds for granting of variances while still adding the unsafe heat condition as an official variance request.

“Through a modest set of amendments to the Good Neighbour Bylaw, the impact of construction noise on residents can be mitigated without compromising the development industry’s ability to complete much-needed housing and other construction projects in a timely manner,” says the report.

Kelowna council will review the matter on Monday, May 13.