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HomeMy WebLinkAbout10/27/2022 - Building Review Commission - AGENDA - Regular MeetingPage 1 Alan Cram, Chair Location: Tim Johnson, Vice Chair City Council Chambers Gabe Dunbar 300 LaPorte Ave Shaun Moscrip Eric Richards Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official AGENDA OCTOBER 27, 2022 9:00 AM The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.  CALL TO ORDER  ROLL CALL  AGENDA REVIEW  PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA  DISCUSSION AGENDA 1. MINUTES OF SEPTEMBER 29, 2022 The purpose of this item is to consider approval of the minutes from the September 29, 2022 regular meeting of the Building Review Commission. 2. USA EAGLE CARPORTS NEW LICENSE REQUEST WITHOUT EXAM DESCRIPTION: Mr. Holland of USA Eagle Carports, Inc. is requesting a new license and supervisor’s certificate to be issued without a passing ICC testing certificate. STAFF: Shar Manno Marcus Coldiron Building Review Commission Packet Pg. 1 Page 2 3. CONSIDERATION AND APPROVAL OF THE BUILDING REVIEW COMMISSION’S 2023 ANNUAL WORK PLAN DESCRIPTION: The purpose of this item is to approve the 2023 Annual Work Plan of the Building Review Commission. STAFF: Marcus Coldiron, Chief Building Official  OTHER BUSINESS  ADJOURNMENT Packet Pg. 2 Date:Roll CallDunbar Johnson Moscrip Richards TeplitskyZimmermanCram VotePresent Present Present Present Present Present Absent6 present, 1 absent1 – MINUTES OF SEPTEMBER 29, 2022Dunbar Johnson Zimmerman Richards Moscrip TeplitskyCramYes Yes Yes Yes Yes Yes - 6-02 - USA EAGLE CARPORTS APPEALJohnson Zimmerman Richards Moscrip Teplitsky DunbarCramNo Yes Yes Yes Yes Yes - 5-13 - BRC 2023 WORK PLANZimmerman Richards Moscrip Teplitsky Dunbar JohnsonCramYes Yes Yes Yes Yes Yes - 6-0Roll Call & Voting RecordBuilding Review Commission10/27/2022 BUILDING REVIEW COMMISSION THIS IS A PART OF THE PUBLIC RECORD Please contact Aubrie Brennan at 970-416-4390 or abrennan@fcgov.com if you inadvertently end up with it. Thank you! Visitor Log DATE: 10/27/22 Name Mailing Address Email and/or Phone Reason for Attendance Mike Hall Appellant, Item 2 Jordan Mike Appellant, Item 2 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY OCTOBER 27, 2022 Building Review Commission STAFF Melissa Matsunaka, Administrative Assistant SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OCTOBER 27, 2022 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the September 29, 2022 meeting of the Building Review Commission. ATTACHMENTS 1. BRC September 29, 2022 Minutes – DRAFT Packet Pg. 3 DRAFTCity of Fort Collins Page 1 September 29, 2022 Alan Cram, Chair This meeting was Tim Johnson, Vice Chair held remotely Gabriel Dunbar Shaun Moscrip Eric Richards Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official Meeting Minutes September 29, 2022 A regular meeting of the Building Review Commission was held on Thursday, September 29, 2022, at 9:00 a.m. remotely via Zoom. CALL TO ORDER Acting Chair Richards called the meeting to order at 9:01 a.m. ROLL CALL PRESENT: Dunbar, Moscrip, Richards, Teplitsky, Zimmerman ABSENT: Cram, Johnson STAFF: Hovland, Manno, Guin, Matsunaka PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. DISCUSSION AGENDA [Timestamp: 9:03 am] 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JULY 28, 2022 MEETING. Moscrip moved to approve the minutes of the July 28, 2022. Dunbar seconded. The motion passed 5-0. [Timestamp: 9:04 a.m.] Building Review Commission ITEM 1, ATTACHMENT 1 Packet Pg. 4 DRAFTCity of Fort Collins Page 2 September 29, 2022 2. RALPH CAMPANA APPEAL DESCRIPTION: Mr. Campa of Campana, Inc. is requesting a supervisor’s certificate only reinstatement using an ICC testing certificate that is of an older code year than is currently required and accepted. Disclosure of Conflicts Moscrip disclosed a conflict of interest and recused himself from this item. Staff Presentation Shar Manno, Administrative Services Manager, Contractor Licensing, presented the staff report outlining that Campana, Inc. holds an expired Class D1 license and supervisor’s certificate with the City of Fort Collins. She discussed that the license expired on 1/6/2004 and the supervisor’s certificate expired on 1/6/2022. Mr. Campana has been completing supervisor’s certificate renewals only since the 2004 expiration of the license. She noted this type of activity typically takes place when the contractor will not be pulling permits and would like to ensure that new testing does not need to take place for future reinstatement of the company license. Ms. Manno noted that the D1 supervisor’s certificate requires an ICC F (2015 code year) or G (2018 code year) exam at time of a new licensing request or reinstatement. She discussed that Mr. Campana is requesting a reinstatement of an expired supervisor’s certificate and would like to use the same exam he submitted at the time of his original licensing request. She explained that the exam on file was taken and received in office on 12/7/1998 and covered the 1997 Uniform Building Code (UBC) and Fort Collins amendments. She discussed that Staff recommends denial of this request based on receipt of the licensing packet being received past the 60-day grace period provided for a renewal. She noted this appeal is a reinstatment situation requiring current International Code Council passing testing certificate. Appellant Presentation Mr. Campana spoke to the Board and clarified information about his experience with the renewals process. He discussed that he is not currently using his supervisor’s certificate or contractor’s license but would like to reinstate his certificate and license without taking another test. Board Questions of Staff and Parties-in-Interest Ms. Manno noted that the City has a handful of contractors that complete a supervisor’s certificate-only renewal. Richards asked Mr. Campana for clarification on current projects. Mr. Campana replied that he does not have any current projects. Richards asked for clarification on what Mr. Campana wanted renewed. Mr. Campana replied that he would like to renew his supervisor’s certificate and contractor’s license. Richards asked Ms. Manno about the dates Mr. Campana held the contractor’s license and supervisor’s certificate and the process of getting another contractor’s license. Ms. Manno replied that the F-13 or G-13 testing would be required for a new contractor’s D-1 license or to reinstate. Mr. Campana asked Ms. Manno about the dates he last held the contractor’s license. Ms. Manno discussed that it was in 2004 and no permits were ever pulled with his license when it was current. Ms. Manno discussed the process, fees, and testing required for a new or reinstated contractor’s license or supervisor’s certificate. She noted the amounts of the fees Mr. Campana has paid. Richards asked for more clarification about the expired status of the contractor’s license in 2004 and Mr. Campana’s renewal of the supervisor’s certificate. Ms. Manno discussed that Mr. Campana would be able to reinstate his contractor’s license and supervisor’s certificate with the license he previously held but would need to complete the testing requirement. ITEM 1, ATTACHMENT 1 Packet Pg. 5 DRAFTCity of Fort Collins Page 3 September 29, 2022 Teplitsky asked for clarification about the amounts of permits pulled by Mr. Campana. Ms. Manno replied that the only activity undertaken by Campana under his contractor’s license was the initial licensing and supervisor’s certificate renewals. Teplitsky asked for clarification about the requirements of obtaining the supervisor’s certificate. Ms. Manno noted the testing requirements, project verifications, and renewal process for the Commission. Dunbar asked Ms. Manno about active licenses and retesting requirements. Ms. Manno indicated that no new testing is required for active licenses. Teplitsky discussed his experience on the Commission and maintaining fairness. Mr. Campana noted the dates associated with his expiration. Richards asked if Ms. Manno has records of renewal notices. Ms. Manno replied that renewal notices are mailed out two months prior to the expiration date. She noted that the City has never provided electronic reminders. Board Discussion Richards discussed Commission precedents. He noted that Mr. Campana does not have any active projects that would be detrimentally affected by a denial of his appeal. He noted that Mr. Campana’s previous testing was the 1997 UBC and a lot has changed since then. Richards discussed fairness. Dunbar agreed with Richards that based on the timeframe of the original test and to follow city code, he would deny this appeal. Motion Richards closed discussion and asked for a motion. Gabriel Dunbar made the following motion: Motion to Deny: Based on Staff’s report and analysis, and recommendation and the evidence and testimony presented today, I move to DENY the applicant’s request for a variance from the licensing standards in this Appeal in accordance with Section 15-156 of the City Code. I find that: 1. The applicant has not demonstrated to my satisfaction that the applicant possesses other qualifications such as specialized training, education or additional experience that is not specifically listed in our Contractor Licensing section of the City Code that qualifies the applicant to perform construction authorized under the license or certificate sought in a competent manner AND 2. The applicant has not demonstrated that, if the relief requested were granted, there would not be substantial detriment to the public good and would not substantially impair the intent and purpose of this section of the City Code. Zimmerman seconded. The motion passed 4-0. [Timestamp: 9:38 a.m.] ITEM 1, ATTACHMENT 1 Packet Pg. 6 DRAFTCity of Fort Collins Page 4 September 29, 2022 3. JAN OTAVSKY - APPEAL DESCRIPTION: Mr. Otavsky of All Season Exteriors, LLC is requesting a a new license and supervisor’s certificate using an ICC testing certificate that is of an older code year than is currently required and accepted for a new licensing request. Disclosure of Conflicts None. Staff Report Shar Manno, Contractor Licensing Administrator, presented the staff report and outlined the exception to the testing. She noted that Jan Otavsky does not hold a license and supervisor’s certificate with the City of Fort Collins. She discussed his new request for a roofing license for which a full and completed application has been received and includes a W14 National Standard Roofing Contractor/Subcontractor passing exam certificate from the International Code Council (ICC). The W14 covers the 2012 ICC code year codes. Ms. Manno noted that the City of Fort Collins is currently following the 2021 ICC codes which means that the testing certificates required for any new or reinstatement licensing request must cover that code year. Ms. Manno discussed that staff recommended denial of Mr. Otavsky’s appeal based on receipt of a licensing packet that includes an ICC testing certificate that is past the required code year for licensing. Applicant Presentation Jan Otavsky presented the applicant presentation and discussed his company’s experience. He further explained different projects he’s completed in Colorado and the surrounding areas. He noted that his clients have requested his company to complete projects within the City. He discussed his timeframe for taking the test. Mr. Otavsky noted the minor differences in his prior completed test and the current required test. Staff Rebuttal Russ Hovland and Ms. Manno discussed exams accepted for ICC code years 2015 and 2018. Mr. Hovland noted that there have been minimal changes to the ICC code between 2012 and 2018 but that the City has made some local amendments. Mr. Otavsky replied that he will comply with current local codes. Mr. Otavsky clarified that he applied to complete residential pitched roof projects but would also apply for a commercial license in the future. Board Questions and Discussion Teplitsky and Mr. Otavsky discussed the proposed timeframe to take the test. Mr. Otavsky noted that he is in his busy season and does not want to be on site. He would prefer to complete the test in the Winter. Teplitsky and Mr. Otavsky discussed his experience on the Commission when hearing requests for testing exemptions and approving permits on a conditional basis. Richards and Mr. Otavsky discussed the potential business leads in the area. Richards noted the Commission’s reluctance to grant an exception to the testing requirement. He noted that Mr. Otavsky does not have any current projects in the City and would prefer to take the test in six months instead of within thirty or sixty days. ITEM 1, ATTACHMENT 1 Packet Pg. 7 DRAFTCity of Fort Collins Page 5 September 29, 2022 Ms. Manno and Mr. Otavsky discussed the process and procedure to complete the licensing packets for other members of his company. Board Deliberation Shaun Moscrip made the following motion: Motion to Deny: Based on Staff’s report and analysis, and recommendation and the evidence and testimony presented today, I move to DENY the applicant’s request for a variance from the licensing standards in this Appeal in accordance with Section 15-156 of the City Code. I find that: 1. The applicant has not demonstrated to my satisfaction that the applicant possesses other qualifications such as specialized training, education or additional experience that is not specifically listed in our Contractor Licensing section of the City Code that qualifies the applicant to perform construction authorized under the license or certificate sought in a competent manner AND 2. The applicant has not demonstrated that, if the relief requested were granted, there would not be substantial detriment to the public good and would not substantially impair the intent and purpose of this section of the City Code. Teplitsky seconded. The motion passed 5-0. [Timestamp: 9:57 a.m.]  OTHER BUSINESS Mr. Guin noted the 2023 Work Plan is to be filed with the Clerk by November 30. He provided information regarding the 2022 Work Plan. He discussed the Rules of Procedure that the Commission adopted. Mr. Hovland discussed the process for the Draft 2023 Work Plan. Mr. Guin discussed the implications of the Emergency Ordinance lifting. He noted that the Commission Members will be holding their meetings in-person.  ADJOURNMENT Richards adjourned the meeting at 10:04 a.m. Minutes prepared by Melissa Matsunaka and respectfully submitted by Aubrie Brennan. Minutes approved by a vote of the Commission on _________________________________ ______________________________ Marcus Coldiron, Chief Building Official Alan Cram, Chair ITEM 1, ATTACHMENT 1 Packet Pg. 8 Agenda Item 2 Item 2, Page 1 STAFF REPORT OCTOBER 27, 2022 Building Review Commission STAFF Shar Manno Marcus Coldiron SUBJECT NEW LICENSE REQUEST WITHOUT EXAM EXECUTIVE SUMMARY Mr. Holland of USA Eagle Carports, Inc. is requesting a new license and supervisor’s certificate to be issued without a passing ICC testing certificate. BACKGROUND USA Eagle Carports, Inc. does not currently hold a license and supervisor’s certificate with the City of Fort Collins. This may become a new request for a Class C1(DR) license to build carports in a multi-family development, however, at this time we have not received a completed application packet. In September of 2021, an application was received in in the name of David Murphy. The packet was incomplete and was returned after no response was received. In April of 2022, an email was received from Jordan Mike asking what license classification and testing was needed. Mr. Hall also phoned and emailed with the same questions. Explanation was given multiple times as to what was needed and the reasoning behind the requirements. An application was received from USA Eagle Carports on April 18, 2022 for an individual named Clark, and was incomplete. Phone calls, emails and in-person conversations took place regarding the missing items and why testing was needed. On June 24, 2022 Mike Hall informed the City that the initial individual requesting a license and supervisor’s certificate no longer worked for the company and that a new application for a different individual would be sent. The application received was returned and a new application has not yet been received due to this appeal hearing and a decision by the Building Reivew Commission. The City of Fort Collins is currently following the 2021 ICC codes which means that the testing certificates required for any new or reinstatment licensing request must cover that code year, however, due to the lag in ICC making code year testing available, the CBO allows acceptance of the highest code year testing availabe as well as the previous code year cycle. In this instance the ICC has available 2018 code year testing, with some exceptions where the 2015 code year is the only cycle available. The folowing code sections apply to new licensing requests and transitions: Sec. 15-157. - Supervisor certificate; fees; examinations; renewals. (b) Prior to issuance of a building permit to the holder of any contractor license specified in this Article, the holder of said license shall possess a supervisor certificate or shall have employed at least one (1) supervisor who has obtained a certificate for the specific class or specialized trade specified in this Article required to perform the scope of construction described on said permit. A supervisor certificate is valid for a period of two (2) years from the date of issuance and the Packet Pg. 9 Agenda Item 2 Item 2, Page 2 biennial fee for such certificate is twenty-five dollars ($25.). Supervisors shall observe reasonable standards of attendance on construction sites as necessary to perform adequate supervision of such construction as further specified in § 15-161 of this Article. (c) Prior to obtaining a supervisor certificate, except as provided otherwise in this Article, an applicant for such certificate shall have passed a written examination administered or approved by the City or the equivalent of such examination as determined by the Building Official. Every applicant who undergoes a written examination administered by the City shall pay a nonrefundable examination fee of seventy-five dollars ($75.) prior to such examination. Any applicant who fails to achieve a minimum score of seventy-five (75) percent shall be entitled to another examination covering the same license class or specialized trade, provided that the applicant shall not be permitted more than two (2) such examinations within any six-month period unless otherwise approved by the Board. Alternatively, an applicant may be granted a third such examination within any six-month period upon the applicant demonstrating to the satisfaction of the Building Official adequate preparation for the examination by successfully completing a class or coursework covering the building code or other code as applicable, or the equivalent thereof as approved by the Building Official. The applicant shall pay a nonrefundable re-examination fee of fifty dollars ($50.) for each subsequent examination covering the same license class or specialized trade. Examinations shall be given at a time and place designated by the Building Official. The written examination for a supervisor certificate may be waived by the Building Official provided that the applicant can prove that he or she has passed a satisfactory written examination equivalent in scope to that administered by the city. (d) A supervisor certificate may be renewed provided that the biennial fee is paid, and renewal occurs within sixty (60) days following the anniversary date such certificate was issued, and further provided that the adopted building code or other applicable code over which an examination was administered remains in effect at the time of renewal. When such adopted code over which the renewing certificate holder passed an examination has been substantially revised prior to the time of such renewal, the certificate holder must attest and certify, on a form provided by the city, that he or she has received and reviewed a copy of the City's latest amendments or has attended a city-provided training class. The holder of an expired certificate may be reissued such certificate by submitting a new application and paying all applicable fees as set forth in § 15-158. Such applicant shall not be required to pass an examination as prescribed in Subsection (c) above, provided that the adopted building code or other applicable code over which such applicant passed an examination remains in effect at the time the renewed certificate is obtained. (e) The Building Official may grant a temporary supervisor certificate valid for thirty (30) days without an examination based upon individual extraordinary circumstances and upon finding that any petitioner for such certificate is otherwise qualified. Any person seeking such temporary certificate must submit a written request describing in detail the justification for such certificate and a completed application for a supervisor certificate, including all necessary fees as provided in § 15-158. (Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 6, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012 , § 5, 11-20-12) RECOMMENDATION Staff recommends deniel of this request based written City code requirements for licensing and lack of receipt of a completed application packet by any individual. If the Commission agrees with the recommendation, the Board may pass a motion to require the appellant to provide a G12 ICC testing certificate that covers the 2018 code year. Packet Pg. 10 Agenda Item 2 Item 2, Page 3 If the Commission disagrees with the recommendation, the Commission may pass a motion to allow the issuance of a new license and supervisor’s certificate without testing and after a completed packet has been received and fully reviewed. ATTACHMENTS 1. Donald Holland Appeal Form 2. Mike Hall Appeal Form Packet Pg. 11 &&3D\PHQW5HFHLYHG  &/.. 7KXUVGD\2FWREHUDP           ITEM 2, ATTACHMENT 1 Packet Pg. 12 0DUPCFS BN Mike Hall          ITEM 2, ATTACHMENT 2 Packet Pg. 13 ITEM 2, EXHIBIT APacket Pg. 13-1 ITEM 2, EXHIBIT APacket Pg. 13-2 ITEM 2, EXHIBIT BPacket Pg. 13-3 ITEM 2, EXHIBIT BPacket Pg. 13-4 ITEM 2, EXHIBIT BPacket Pg. 13-5 ITEM 2, EXHIBIT BPacket Pg. 13-6 Agenda Item 3 Item 3, Page 1 AGENDA ITEM SUMMARY October 27, 2022 Building Review Commission STAFF Marcus Coldiron, Chief Building Official SUBJECT CONSIDERATION AND APPROVAL OF THE BUILDING REVIEW COMMISSION’S 2023 ANNUAL WORK PLAN EXECUTIVE SUMMARY The purpose of this item is to approve the 2023 Annual Work Plan of the Building Review Commission. ATTACHMENTS 1. BRC 2023 Annual Work Plan – DRAFT 2. BRC 2022 Annual Work Plan Packet Pg. 14 Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax 2023 Annual Work Plan Building Review Commission The Building Review Commission will continue to meet on the last Thursday of each month when there are public discussion or hearing items placed on the regular monthly agenda. The Commission may also meet as needed in order to convene special hearings. Staff anticipates that the Building Review Commission will hear several appeals by contractor license applicants who do not strictly meet the qualification criteria specified in the City Code. Under its quasi-judicial review authority, the Commission is empowered to grant variances from such criteria when it determines there are practical difficulties or that an undue hardship would be imposed on the applicant; or, when the Commission determines the applicant has sufficient specialized training, education, or additional relevant experience. The Commission is also empowered to render disciplinary action, including suspension or revocation of regulated contractor licenses, under which any specified infractions listed in the regulations are committed. Additionally, in its code appellate function, the Commission may hear appeals from strict application of the building codes or from an interpretation of the codes by the Building Official. The Commission will continue to hear cases involving challenges to the Building Official’s interpretation of the adopted building codes, as well as the adopted International Property Maintenance Code (IPMC). In its advisory capacity, the Commission is expected to participate as a member of the Code Adoption Review Committee, in the review of the international series of codes. The Commission will be asked to make recommendations to Council regarding any suggested revisions based on local conditions and community priorities. ITEM 3, ATTACHMENT 1 Packet Pg. 15 Memo – APU Citizen Suggestions Page 2 March 24, 2015 2023 Agenda: 1. Establish contractor mentorship program. a. This program will be presented to allow an additional path of compliance in obtaining the required project verifications for contractor licensing applicants. 2. Update contractor licensing ordinance. _____________________________________ ___________________________ Alan Cram, Building Review Board Chair Date of Approval ITEM 3, ATTACHMENT 1 Packet Pg. 16 Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax 2022 Annual Work Plan Building Review Commission The Building Review Commission will continue to meet on the last Thursday of each month when there are public discussion or hearing items placed on the regular monthly agenda. The Commission may also meet as needed in order to convene special hearings. Staff anticipates that the Building Review Commission will hear several appeals by contractor license applicants who do not strictly meet the qualification criteria specified in the City Code. Under its quasi-judicial review authority, the Commission is empowered to grant variances from such criteria when it determines there are practical difficulties or that an undue hardship would be imposed on the applicant; or, when the Commission determines the applicant has sufficient specialized training, education, or additional relevant experience. The Commission is also empowered to render disciplinary action, including suspension or revocation of regulated contractor licenses, under which any specified infractions listed in the regulations are committed. Additionally, in its code appellate function, the Commission may hear appeals from strict application of the building codes or from an interpretation of the codes by the Building Official. The Commission will continue to hear cases involving challenges to the Building Official’s interpretation of the adopted building codes, as well as the adopted International Property Maintenance Code (IPMC). In its advisory capacity, the Commission is expected to participate as a member of the Code Adoption Review Committee, in the review of the international series of codes. The Commission will be asked to make recommendations to Council regarding any suggested revisions based on local conditions and community priorities. 2022 Agenda: 1. Fill vacant seats for this commission. 2. The new 2021 international codes have been reviewed and will be presented to Council for adoption in early 2022. 3. Update contractor licensing ordinance to allow the Building Official more authority to approve permits and temp licenses. _____________________________________ Alan Cram, Building Review Board Chair 'HFHPEHU 'Dte of Approval        ITEM 3, ATTACHMENT 2 Packet Pg. 17