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