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HomeMy WebLinkAboutBuilding Review Board - Minutes - 10/29/2020City of Fort Collins Page 1 October 29, 2020 Alan Cram, Chair Tim Johnson, Vice Chair Brad Massey Katharine Penning Eric Richards Justin Robinson Staff Liaison: Mark Teplitsky Rich Anderson Chief Building Official Meeting Minutes October 29, 2020 A regular meeting of the Building Review Board was held remotely on Thursday, October 29, 2020, at 9:00 a.m.. •CALL TO ORDER Chair Cram called the meeting to order at 9:00 a.m. Mr. Anderson read a statement regarding authorization and procedures for remote meetings. •ROLL CALL PRESENT: Cram, Johnson, Massey, Richards, Robinson ABSENT: Penning, Teplitsky STAFF: Anderson, Manno, Havelda, Schiager •PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. •DISCUSSION AGENDA 1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SEPTEMBER 24, 2020 MEETING. Mr. Richards moved to approve the minutes of the September 24, 2020 meeting. Mr. Massey seconded. The motion passed 5-0. 2.LUXURY HOMES OF NORTHERN COLORADO REQUEST FOR REINSTATEMENT OF LICENSE WITHOUT UPDATED TESTING DESCRIPTION: The purpose of this item is to seek a determination from the Building Review Board as to whether or not reinstatment of the license and supervisor certificate for Luxury Homes of Northern Colorado and Matt Tschetter can move forward without receipt of updated testing covering the International Code Council (ICC) 2015 code year. Building Review Board City of Fort Collins Page 2 October 29, 2020 STAFF: Rich Anderson, Chief Building Official Shar Manno, Administrative Services Manager Staff Presentation Mr. Anderson presented the staff report. He summarized the appellant’s request, provided background information about Mr. Tschetter’s license, and recommended the Board deny the applicant’s request citing Municipal Code Chapter 15, Article V, Section 15-157(C). Appellant Arguments Mr. Tschetter identified himself and agreed to the remote format of the meeting. Mr. Tschetter spoke to the Board. He explained he had a change of address and did not notify the City, so did not receive notice of his license expiration. Staff Response Mr. Anderson clarified that it is the contractor’s responsibility to keep a current address with the City and to renew his license when it expired, adding that the notifications are sent by the City as a courtesy. Appellant Response Mr. Tschetter acknowledged that it was his responsibility and explained the circumstances around the oversight. Board Questions of Staff and Parties-in-Interest Mr. Richards asked what testing was required of Mr. Tschetter. Mr. Anderson explained he would need to pass a test at least as recent as 2009. Ms. Manno stated she has not received a contractor license application, and she reviewed the requirements, including the recent testing. Mr. Richards clarified that no testing would have been required if the license had been kept current. Mr. Tschetter stated he had attended code courses with the previous Chief Building Official (CBO). He stated he is more than capable of meeting the 2009 testing requirements. He requested leniency since he was only 20 days late renewing his application. He emphasized the experience he has had over the past few years in Timnath. Mr. Richards asked if the Appellant held any licenses in other municipalities. Mr. Tschetter stated he was only licensed in Timnath. Mr. Anderson asked if Mr. Tschetter had a Fort Collins project lined up. Mr. Tschetter said he had a couple of basement finishes that may happen in the spring. Mr. Anderson clarified that according to Code, the Board does not have the authority to waive the 60- day renewal requirement. Mr. Robinson asked what kinds of homes the appellant builds. Mr. Tschetter stated he specializes in custom residential homes and noted he has built six million-dollar homes at Harmony Golf Club in Timnath. He said he is an advanced builder and has nearly reached his 100th home. Mr. Robinson asked what Timnath’s renewal requirements were. Mr. Tschetter stated Timnath has a simple process and he renews annually. Mr. Robinson asked how the appellant adapts to the 2018 code and whether he relies on sub- contractors. Mr. Tschetter stated the fire safety was the biggest change, and he works closely with the inspectors and sub-contractors Mr. Anderson asked whether he is on site every day as the supervisor. Mr. Tschetter answered in the affirmative. Chair Cram asked why Mr. Tschetter did not want to take the test. He said a lot of the information is irrelevant to his work. He stated his objection is based on principle since he’s been building with Fort Collins for so long and is only 20 days past the grace period. Ms. Manno specified which test is required and Mr. Anderson talked about the content of the required test. Mr. Johnson emphasized that they are open book tests. Mr. Anderson clarified that this test is all relevant content. Mr. Richards asked about the testing availability and format. Ms. Manno stated the Pearson VUE centers are open and there is one at CSU and one in Greeley. She said they can be scheduled online, and they are following Covid restrictions for their in-person testing. Mr. Robinson asked about the fees for retesting. Mr. Johnson said he had recently taken the F-11 for $150. Motion Chair closed the hearing and asked for a motion. Ms. Havelda offered to provide verbiage for a motion based on the preference of the Board. Chair Cram moved to deny the applicant's motion for a variance from Article 15-157 waiving the examination requirement. The Board finds that the adopted Code has significantly changed since the 1997 Code the applicant was tested on in 2004. The City adopted the 2015 version of the International Code on July 17, 2017. The Board finds that the request for variance does not meet the requirements of Article II Section 2-119. Mr. Massey seconded the motion. Board Discussion Mr. Robinson commented that not everyone is good at test taking and that this has been a challenging time. Mr. Johnson said while it was unfortunate that Mr. Tschetter missed the grace period for his license expiration, he did not believe the testing requirement is burdensome. Chair Cram agreed. Mr. Richards also stated that requiring an open book test does not cause undue harm and burden. Mr. Massey said unless there was another equivalent test, the Board can't just waive the requirements of the code. He talked about the need for contractors to stay on top of their license renewals. Mr. Robinson agreed with the comments of the other board members. The motion passed 5-0. 3.PROPOSED 2021 WORK PLAN FOR THE BUILDING REVIEW BOARD DESCRIPTION: All City of Fort Collins Boards & Commissions are required to submit a work plan for the coming year to the City Clerk's office no later than November 30. The purpose of this item is adoption of the 2021 BRB Work Plan. Chair Cram asked whether anyone had any questions or comments about the work plan. There were none. Mr. Massey moved to approve the 2021 work plan as presented. Mr. Richards seconded. The motion passed 5-0. Mr. Johnson stated he would be leaving the meeting at this time due to a prior commitment. •OTHER BUSINESS Mr. Anderson updated the Board about the recent Council resolution allowing the Board to hear appeals remotely without being individually approved by Council. •ADJOURNMENT Chair Cram adjourned the meeting at 10:06 a.m. ·Minutes respectfully submitted by Gretchen Schiager. Minutes approved by a vote of the Board on January 28. 2021. Rich Anderson, Chief Building Official Alan Cram. Chair City of Fort Collins Page 3 October 29, 2020