Who is responsible for pruning trees close to power lines on private property?
That's the question a mobile home owner asked the Residential Tenancy Branch (RTB) out of concern her landlord was taking too long to prune trees close to power lines.
The tenant noticed the problem last August and emailed her landlord twice "but never heard back," the RTB was told.
She then contacted BC Hydro and was told the utility couldn't prune trees on private property.
The tenant contacted the City of Coquitlam Fire Prevention Office, as well as Technical Safety BC and three pruning companies about the problem.
Concerned about the possible danger that an “arc" on power lines could "cause a fire,” and armed with the manufactured home park's policy stating landlord responsibilities, the woman took her complaints to the Residential Tenancy Branch, which heard her case in April 2022 — nine months after her original complaint to the landlord.
The landlord, meanwhile, said she had tried to get tree pruners to come to the property, but was unsuccessful, and was waiting for one company to do a site visit.
Tenant 'exaggerated' the issue of power lines
"The landlord stated that the tenant is exaggerating the issue with the power lines and the trees because the high voltage power only runs through the uppermost line on the power poles, and the lower lines, which are closer the branches, are not a hazard."
"In any event, the landlord does not feel there is urgency, but she is taking steps to do some pruning in the near future," the arbitrator stated in the facts of the case.
In the end, the arbitrator sided with the landlord, noting that she was working on a plan to prune the trees, but had "no control over" when the tree pruners will actually show up.
According to the arbitrator, the tenant didn't prove her case that the trees posed a danger, despite photographic evidence described as not "sufficiently clear."
"Overall, I am not satisfied there is sufficient evidence of a hazard, or that the landlord has failed to maintain the home site in accordance with Section 26 of the [Residential Tenancy] Act. I note the landlord is not opposed to the pruning of trees, generally, and appears to be working towards getting a company to come to do the work at some point in the near future."
Property owners responsible for trees near wires: BC Hydro
The complaint comes as recent wind storms knocked out power to 18,000 Tri-City homes.
BC Hydro offers tips about planting near power lines as well as tips on pruning near power lines.
It also has a management plan for a "safe and reliable system," noting that more than half of all outages in B.C. are caused by trees.
"As a property owner, you’re responsible for keeping the service wires on your property clear of vegetation. Branches rubbing on our service wires wear through the weather coating and may cause home electrical appliance damage," the website states.
