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HomeMy WebLinkAbout05/26/2022 - Building Review Commission - AGENDA - Regular MeetingPage 1 Alan Cram, Chair Location: Tim Johnson, Vice Chair This meeting will be held in-person Shaun Moscrip and remotely via Zoom Eric Richards Mark Teplitsky Staff Liaison: Vacant Seat Marcus Coldiron Vacant Seat Chief Building Official MAY 26, 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. Building Review Commission Pursuant to City Council Ordinance 079, 2020, a determination has been made by the Chair after consultation with the City staff liaison that conducting the hearing using remote technology would be prudent. This remote Building Review Commission meeting will be available to attend in-person, online via Zoom or by phone. No Board members may attend in person. The meeting will be available to join beginning at 8:30 a.m. Participants should try to join at least 15 minutes prior to the 9:00 a.m.. start time. ONLINE PUBLIC PARTICIPATION: • You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom at https://fcgov.zoom.us/j/92888094308. (Using earphones with a microphone will greatly improve your audio). Keep yourself on muted status. • For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to comment. PUBLIC PARTICIPATION BY PHONE: • Please dial 253-215-8782 and enter Webinar ID 928 8809 4308. Keep yourself on muted status. • For public comments, when the Chair asks participants to click the “Raise Hand” button if they wish to speak, phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. When you are called, hit *6 to unmute yourself. IF YOU ARE UNABLE TO PARTICIPATE ONLINE OR BY PHONE: Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone may: 1) Email comments to abrennan@fcgov.com at least 24 hours prior to the meeting. If your comments are specific to any of the discussion items on the agenda, please indicate that in the subject line of your email. Staff will ensure your comments are provided to the Board. 2) Come in person to 281 N. College Avenue to utilize City technology to participate in the meeting. Please arrive 15 minutes prior to the meeting and ring the doorbell at the north entrance so that staff may escort you into the building. Masks and social distancing will be required. To participate this way, it is strongly recommended that you contact us at least 24 hours prior to the meeting so that arrangements for proper social distancing and appropriate technology can be put in place to protect the health and safety of the public and staff. Contact Aubrie Brennan at abrennan@fcgov.com or 970-416-4390. Documents to Share: Any document or presentation a member of the public wishes to provide to the Board for its consideration must be emailed to abrennan@fcgov.com at least 24 hours before the meeting. Packet Pg. 1 Page 2 • CALL TO ORDER • ROLL CALL • AGENDA REVIEW • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA • DISCUSSION AGENDA 1. MINUTES OF APRIL 28, 2022 The purpose of this item is to consider approval of the minutes from the April 28, 2022 regular meeting of the Building Review Commission. 2. ADOPTING BUILDING REVIEW COMMISSION (“BRC”) AND FIRE BOARD OF APPEALS (“FBA”) OPERATIONS AND PROCEDURES DESCRIPTION: In accordance with Chapter 9, Article I of the City Code and Section 109.1 of the 2018 International Fire Code, as amended and adopted by the City of Fort Collins, the members of the Building Review Commission constitute the Fire Board of Appeals. Section 109.1 of the City's Fire Code, as amended, provides that "all processes and procedures for an appeal shall be as stipulated in the International Building Code, Section 113 as amended and adopted by the City of Fort Collins." STAFF: Aaron Guin, Assistant City Attorney 3. FINESSE FOODS, LLC dba WOK AND ROLL APPEAL DESCRIPTION: Mr. Steve Lesondak, owner of the Wok and Roll Restaurant (“Restaurant”), has filed an appeal with the Building Review Commission (“BRC”) to review the Fire Code Compliance Division’s interpretation and enforcement of the fire code at the Restaurant, including its determination that there are unapproved conditions in the commercial kitchen, hazardous cooking operations, and an unapproved lower-level dining space. STAFF: Kelley B. Duke, Esq., Ireland Stapleton Pryor & Pasco, PC, for and with Poudre Fire Authority Kevin Sullivan, Assistant Fire Marshall, Poudre Fire Authority Steve Christen, Assistant Fire Marshall, Poudre Fire Authority APPELLANT: Gregory S. Bell, Esq., Bell Gould Linder & Scott, P.C., for and with Finesse Foods, LLC dba Wok and Roll Fred S. Long, Esq., Bell Gould Linder & Scott, P.C., for and with Finesse Foods, LLC dba Wok and Roll Steve Lesondak, Appellant • OTHER BUSINESS • ADJOURNMENT Packet Pg. 2 Date: Roll Call Johnson Moscrip Richards Teplitsky Vacant Seat Vacant Seat Cram Vote Present Present Present Present Present 5 Present 1 – MINUTES OF APRIL 28, 2022 Vacant Seat Moscrip Teplitsky Vacant Seat Richards Johnson Cram Yes Yes Yes Yes Yes 5 Yes 2 - ADOPTING BRC AND FIRE BOARD OF APPEALS OPERATIONS AND PROCEDURES Teplitsky Richards Johnson Vacant Seat Vacant Seat Moscrip Cram Yes Yes Yes Yes Yes 5 Yes 3 - FINESSE FOODS, LLC dba WOK AND ROLL APPEAL Moscrip Vacant Seat Johnson Teplitsky Richards Vacant Seat Cram No Yes Yes Yes Yes 4 Yes, 1 No Roll Call & Voting Record Building Review Commission 5/26/2022 ---- ---- ---- ---- Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY MAY 26, 2022 Building Review Commission STAFF Aubrie Brennan, Administrative Assistant Melissa Matsunaka, Administrative Assistant SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE APRIL 28, 2022 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the April 28, 2022 meeting of the Building Review Commission. ATTACHMENTS 1. BRC April 28, 2022 Minutes – DRAFT Packet Pg. 3 City of Fort Collins Page 1 April 28, 2022 Alan Cram, Chair This meeting was Tim Johnson, Vice Chair held remotely Shaun Moscrip Eric Richards Mark Teplitsky Staff Liaison: Vacant Seat Marcus Coldiron Vacant Seat Chief Building Official Meeting Minutes April 28, 2022 A regular meeting of the Building Review Commission was held on Thursday, April 28, 2022, at 9:00 a.m. via Zoom. •CALL TO ORDER Chair Cram called the meeting to order at 9:00 a.m. •ROLL CALL PRESENT: Cram, Johnson, Moscrip, Richards ABSENT: Teplitsky STAFF: Coldiron, Manno, Guin, Brennan, Potyondy •PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. •DISCUSSION AGENDA [Timestamp: 9:01 a.m.] 1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FEBRUARY 28, 2022 MEETING. Member Richards moved to approve the minutes of the February 28, 2022 meeting. Member Moscrip seconded. The motion passed 4-0. 2.LEGACY DESIGN AND CONSTRUCTION, INC - VARIANCE REQUEST TO COMPLETE WORK OUTSIDE OF CURRENTLY HELD LICENSE CLASSIFICATION DESCRIPTION: Mr. Mike Snyder of Legacy Design and Construction, Inc. is requesting a variance to his current license to complete work that falls outside of his license classification. Building Review Commission ITEM 1, ATTACHMENT 1 DRAFTPacket Pg. 4 City of Fort Collins Page 2 April 28, 2022 Disclosure of Conflicts None. Staff Presentation Chair Cram outlined the order of procedure for the hearing. Administrative Services Manager Sharlene Manno presented the staff report and outlined the variance request to complete work outside of a currently held license classification. She discussed the current license held by Mr. Mike Snyder of Legacy Design and Construction and noted a 30-day exception to complete a commercial general alteration located at 4825 Lemay Avenue for Council Tree Church was approved in October of 2020 by the then Chief Building Official, Rich Anderson. She outlined the project description. She stated Mr. Snyder requested a second license classification variation from Russ Hovland, then acting Chief Building Official, in January of 2022, and Mr. Hovland approved a 30- day license variance to complete a secondary restroom at the same address; however, the license variance request was expired prior to the issuance of building permits. Additionally, the electrician selected for the project had an expired master electrician registration as of March 2nd. Manno stated staff is recommending approval of a 30-day temporary variance to Mr. Snyder’s license and supervisor certificate based on the past project variance requested and approved. Board Comments on Site Visit There was no site visit completed. Procedural Considerations None. Appellant and Parties-in-Interest in Support of Appeal Arguments Mr. Snyder thanked the Commission for the opportunity to request a variance and agreed with Ms. Manno’s comments. He discussed his experience remodeling the women’s restroom at the church two years ago and stated the church as requested he now remodel the men’s restroom, which will have fewer code-related issues than did the women’s restroom. Parties-in-Interest in Opposition to Appeal Arguments None. Appellant Rebuttal Mr. Snyder stated part of his frustration with this process is due to an email from Mr. Hovland stating the 30-day variance would start when the permit was issued. He stated there seemed to be some type of logistical issue given the fact the variance expired prior to the permit being issued. Opponent Rebuttal None. Board Questions of Staff and Parties-in-Interest Assistant City Attorney Aaron Guin reminded the Commission of the standards and what it must find to grant the variance. Member Richards asked if the Chief Building Official must follow the same standards as outlined by City Attorney Guin. Chief Building Official Coldiron replied the CBO does not have the authority to grant a variance when it comes to licensing requests and the previous granting of those requests were not in accordance with the Code as adopted. However, given there were no issues with his previous work at the address and there were prior variances approved, staff is recommending approval given the scope of work is the same. He added he does not believe in variance requests for licensing as it devalues licensing requirements and the individuals who have done the work to procure the proper licensing. Member Moscrip asked if the plumbing or sewers are being moved for the remaining toilet and urinal. Mr. Snyder replied neither of the drain assemblies are moving; however, they are going from two sink surfaces to one therefore one will be capped at the wall. ITEM 1, ATTACHMENT 1 DRAFTPacket Pg. 5 City of Fort Collins Page 3 April 28, 2022 Member Richards asked if the higher license classification is required because the church is considered a commercial space. Manno replied Mr. Snyder’s current level of testing covers residential only and his current level of experience with commercial projects is not enough to push him to a commercial licensing level. Member Richards asked Mr. Snyder if he has successfully completed any other commercial projects in other jurisdictions. Mr. Snyder replied he was a building in Laramie and during that time remodeled a second-floor office building into a dental office, remodeled another dental office and other businesses, and has built, from scratch 20-25 homes. Member Richards asked Mr. Snyder if he plans to seek a commercial license in Fort Collins. Mr. Snyder replied in the negative stating he prefers to work on custom residential homes. Mr. Snyder requested this variance, if approved, not take effect until the purchase of the permit. Manno stated the Commission could guide staff to do that. She noted the permit is currently still being routed for review. Motion Chair Cram made a motion, based on Staff’s report, analysis, and recommendation, and the evidence and testimony presented today, to approve the applicant’s request for a variance from the licensing standards in this Appeal in accordance with Section 15-156 of the City Code finding that: • The applicant has satisfactorily demonstrated that the applicant has prior experience not specifically listed in our Contractor Licensing section of the City Code, as evidenced by his prior project verifications that would qualify the applicant to perform construction authorized under the license or certificate sought in a competent manner, that the 30-day extension and permit would coincide from a timing perspective, the applicant has demonstrated that, if the variance 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. Member Richards seconded the motion. The motion passed 4-0. [Timestamp: 9:36 a.m.] 3. STAFF PRESENTATION - GRAY WATER ORDINANCE DESCRIPTION: The purpose of this item is to inform the Building Review Commission on the development of a proposed graywater ordinance and request a recommendation to the City Council on this policy direction. Development of a graywater ordinance is a Council Priority for 2021-2023. Staff presented information to the Council at a November 23, 2021, work session. Council directed staff to develop a draft ordinance that meets the State’s Water Quality Regulation 86 (graywater standards) and is in accordance with local water rights. Staff Report Water Conservation Specialist Mariel Miller presented the staff report and requested the Commission provide input as to whether it supports the development of a graywater ordinance. She stated staff has been working to develop such an ordinance to meet an identified Council priority and to align with the state’s water quality regulation 86. She outlined the definition of graywater and discussed its sources and allowed reuses, subsurface irrigation and toilet flushing, in Colorado. She stated the Fort Collins enabling ordinance is similar in sources; however, it would not allow graywater to be used for landscaping or irrigation due to Fort Collins’ water rights, just for toilet flushing. She noted staff is in discussions with the other water districts that serve the Fort Collins growth management regarding the use of graywater and is working with Building Services to develop the program administration. Miller outlined the treatment requirements for utilizing graywater for toilet flushing and stated it will most likely be used for new construction rather than retrofits and the ordinance would not require the use of graywater, just allow it as an option. She outlined the public outreach noting there will be citizen meetings in June and the ordinance is scheduled to go before Council on August 16th. ITEM 1, ATTACHMENT 1 DRAFTPacket Pg. 6 City of Fort Collins Page 4 April 28, 2022 Board Questions and Discussion Member Moscrip asked if this would affect tap sizes on buildings. He commented in support of an enabling ordinance. Chief Building Official Coldiron replied this would not directly affect tap sizes as the water going to the building is being reused and backup potable water is also required to be brought to the toilet in the event the graywater system fails or needs maintenance. Vice Chair Johnson concurred with Member Moscrip’s support and verified this is an option, not a requirement. Miller replied in the affirmative. Vice Chair Johnson asked how the tank requirement changes for a multi-family building given the single-family requirement is 50 gallons. Miller replied she would do some research on that question. Vice Chair Johnson asked about the projected $4,500 cost for a single-family house. Miller replied that is the estimate; however, there are few examples of certified tanks that have been installed in Colorado. Vice Chair Johnson requested staff be sensitive to not creating a local Code amendment that does not align with state requirements. Miller noted the City is restricted to what the state will allow and if changes are made at the state level, the City’s ordinance would need to be updated to align with those. Member Richards supported graywater use and asked if it would be possible for a future change to use graywater for irrigation. Assistant City Attorney Eric Potyondy replied the most restrictive terms on the City’s water portfolio come from the use of Colorado Big Thompson water, and those rules are set by Northern Water which only allow graywater to be used for toilet flushing. He stated it is unlikely they would loosen those restrictions as their position is based on their interpretation of contracts with the federal government. Member Richards asked if City Utilities might offer subsidies or financial incentives for participation. Miller replied that would not be included in the current process of creating the ordinance, but could be considered in the future. She also noted there is the potential for some grant funding from the state to create a pilot rebate program. Additionally, this is being considered as an item that could be added to the list of points for Metro Districts. Chair Cram asked if there are negative impacts to pets who make drink this treated water out of toilets and asked how items being left in pockets during laundry, such as medication, will be addressed. Miller replied there are likely best practices that need to be implemented by those who have graywater systems to keep pets from drinking the treated water; however, she noted there are reasons a certain level of disinfection and treatment is required before the water is used in toilets. Chair Cram asked what could happen if someone moves into a home, does not want the graywater system and therefore stops maintaining it. Miller replied staff is working on a system to verify maintenance is occurring on an ongoing basis. Additionally, she noted a backup system is required to ensure there is a system in place if the graywater system is not working. Board Deliberation Vice Chair Johnson made a motion that the Building Review Commission recommend the City Council approve an enabling ordinance for graywater that will be developed in accordance with the state standards as outlined in regulation 86 and local water rights. Member Richards seconded the motion. The motion passed 4-0. [Timestamp: 10:06 a.m.] • OTHER BUSINESS o Discussion of Appeal Hearing Rules and Procedures Assistant City Attorney Aaron Guin stated there is an upcoming item that is an appeal related to a decision regarding the Fire Code. He outlined some of the key provisions of the current Fire Code and remined the members they must only contact him with questions as the Commission is quasi-judicial. He noted the Building Review Commission is de facto the Fire Board of Appeals and the Fire Chief will be an ex officio member of the Board to hear the appeal, though the Chief will not have a vote. ITEM 1, ATTACHMENT 1 DRAFTPacket Pg. 7 City of Fort Collins Page 5 April 28, 2022 Guin remined the members that any decision they make must be supported by sufficient evidence. He discussed the requirement of the Commission to adopt rules of procedure prior to the hearing and stated those should be simple but must be formalized. Vice Chair Johnson expressed concern three of the members may have conflicts given their work in the field and a resulting possible lack of quorum. Guin replied any issues with conflicts will be addressed after the item is announced. Member Richards asked what would occur if there was a tie vote. Guin replied he would look into that issue. •ADJOURNMENT Chair Cram adjourned the meeting at 10:29 a.m. Minutes prepared by TriPoint Data 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 DRAFTPacket Pg. 8 Agenda Item 2 Building Review Commission STAFF Aaron Guin, Assistant City Attorney SUBJECT FOR DISCUSSION ADOPTING BUILDING REVIEW COMMISSION (“BRC”) AND FIRE BOARD OF APPEALS (“FBA”) OPERATIONS AND PROCDURES EXECUTIVE SUMMARY In accordance with Chapter 9, Article I of the City Code and Section 109.1 of the 2018 International Fire Code, as amended and adopted by the City of Fort Collins, the members of the Building Review Commission constitute the Fire Board of Appeals. The fire code official shall be an ex officio member of the Fire Board of Appeals, but shall not vote on any matter before the Fire Board of Appeals. Section 109.1 of the City's Fire Code, as amended, provides that "all processes and procedures for an appeal shall be as stipulated in the International Building Code, Section 113 as amended and adopted by the City of Fort Collins." ATTACHMENTS 1. Building Review Commission: Procedures for Hearings on Appeal AGENDA ITEM SUMMARY MAY 26, 2022 Item 2, Page 1 Packet Pg. 9 BUILDING REVIEW COMMISSION  PROCEDURES FOR HEARINGS ON APPEAL  A.Presentation of Argument. Presentation of argument on the merits of any appeal to the Building Review Commission (the “BRC”) shall be made in the following order, subject to such limitations in time and scope as may be imposed at the discretion of the Chairperson: 1.Staff’s presentation of evidence and recommendations to the BRC (10 minutes) 2.Appellant’s presentation of evidence and recommendations to the BRC (10 minutes) 3.Presentation of evidence and recommendations by any Affected Party in support of the appeal (total of 10 minutes) 4.Presentation of evidence and recommendations by any Affected Party who is an opponent of the appeal (total of 10 minutes) 5.Rebuttal presentation by Staff (5 minutes) 6.Rebuttal presentation by Appellant (5 minutes) 7.Discussion, motion, and vote by the BRC. B.Affected Party‐ Definition. An Affected Party is an organization or individual who has standing to appeal the final decision of the Code Official. Standing to appeal shall apply to those individuals or organizations directly affected by an order or decision of the Code Official. Such persons shall include those described below who have a relationship to the real property which is the subject of the appeal: 1.the record owner of the property; 2.the holder of any mortgage or deed of trust or other lien or encumbrance of record on the property; 3.any leaseholder of record; 4.the holder of any other estate or legal interest of record in the property; 5.any occupants of such building or property; and 6.the owners and/or occupants of any other property located within eight hundred (800)feet of the property which is the subject of the appeal. C.Evidence‐ Definition. Evidence shall mean any information, whether in verbal, written, graphic or other form, presented at the hearing to support or refute a particular proposition or conclusion. ITEM 2, ATTACHMENT 1 Packet Pg. 10 Evidence does not include argument as to how information offered as evidence should  be viewed by the BRC.  D. Cross‐Examination.  No person making a presentation to the BRC shall be subject to cross‐examination,  except that the members of the BRC and the City Attorney may inquire of such person  for the purpose of eliciting information or for the purpose of clarifying information  presented.  E. Requests for Additional Time.  Any request for additional time for the presentation of evidence to the BRC must be  made by no later than 4:30 p.m. on the Wednesday eight calendar days prior to the  appeal hearing. The Chairperson of the BRC will consider any request for additional time  and share their decision on the total time allotted for the presentations by no later than  the Monday prior to the appeal hearing.  ITEM 2, ATTACHMENT 1 Packet Pg. 11 Request to Appeal Adopted Fire Code Requirements The Wok and Roll, Appeal Request for Fire Code Requirements, Page 1 3741587.4 STAFF REPORT May 26, 2022 Building Review Commission STAFF Poudre Fire Authority Kelley Duke, Attorney at Law, Ireland Stapleton Pryor & Pasco, PC Kevin Sullivan, Assistant Fire Marshal Steve Christen, Assistant Fire Marshal SUBJECT REQUEST TO APPEAL REQUIREMENTS OF THE ADOPTED FIRE CODE EXECUTIVE SUMMARY Mr. Steve Lesondak, owner of the Wok and Roll Restaurant (“Restaurant”), has filed an appeal with the Building Review Commission (“BRC”) to review the Fire Code Compliance Division’s interpretation and enforcement of the fire code at the Restaurant, including its determination that there are unapproved conditions in the commercial kitchen, hazardous cooking operations, and an unapproved lower-level dining space. BACKGROUND On 6/6/2019, the Poudre Fire Authority (“PFA”) received an application for a tenant finish permit proposing to convert 122 S. Mason Street into the Restaurant. This application indicated that the Restaurant would include counter service with a total occupant load of (49) persons, Type II kitchen hoods, no grease producing appliances would be used, and proposed appliances included oven(s), a wok, and rice cookers. Floor plans were prepared by Hauser Architects and included the commercial kitchen and the first and lower-levels. There was no application to use the lower-level for dining. As per the submitted information, approval was issued by the Poudre Fire Authority on 10/18/2019. Exhibit A: Permit Application Notes Exhibit B: Submitted & Approved Floor Plans Exhibit C: PFA Permit Approval History Exhibit D: Enlarged Kitchen Area with Clarifying Notes Exhibit E: Enlarged Lower-Level Area with Clarifying Notes On 3/21/2022, a rountine fire inspection was conducted by PFA and a fire inspection report was isssued. As a result of this fire inspection, the following was determined: a.The commercial ovens -as currently installed and used- are smoke and grease-producing appliances and do not meet requirements of the adopted Fire Code and the adopted Mechanical Code. b.The grease-producing appliances were not being cleaned in accordance with the adopted Fire Code. Exhibit F: PFA Fire Inspection Report On 3/28/2022, Assitant Fire Marshal (“AFM”) Steve Christen, AFM Kevin Sullivan, and Building Inspector Damien Wilson attempted to meet the Restaurant owner, Mr. Steve Lesondak (“Mr. Lesondak”), at the Restaurant to evaluate noted deficiencies and to establish a partnerhsip for the purpose of achieving compliance. Mr. Lesondak did not show up to this scheduled meeting and his employees were unable to AGENDA ITEM 3 Item 3, Page 1 Packet Pg. 12 Request to Appeal Adopted Fire Code Requirements The Wok and Roll, Appeal Request for Fire Code Requirements, Page 2 3741587.4 contact him. On site employees provided permission to PFA and the City of Fort Collins Building Inspector to conduct a follow-up fire inspection, and based upon this inspection the following was determined: All previosly noted violations in the PFA Fire Inspection Report (Exhibit F) were substantiated and were found to be noncompliant: a. Two (2) Hobart conveyor pizza ovens were being used to cook meat so that they produce both smoke and grease-laden vapors; the appliances were not installed under a required Type I hood with grease filteration and a fire suppression system; the appliances were used in a location other than what was approved under the conditions of the permit. b. The location of other kitchen appliances had changed from the approved plans/permit. c. The lower-level space had been converted to an unapproved dining/seating space (Group A-2 assembly space). The means of egress, such a stairs, handrails, electrical work, etc., appeared to be unapproved by PFA. d. A table-top deep fat-fryer appliance, which was located in the lower-level kitchen preparation space, appeared to have been used, and is not approved for use as a smoke and grease- producing appliance. Exhibit G: Image 1- Wok and Rice Cooker Appliances (Unapproved Locations) Exhibit H: Image 2- Wok Gas Line (Appears to be a Noncompliant Installation) Exhibit I: Image 3- Table-top Deep Fat-Fryer Appliance (Unapproved Location/Noncompliant Use) Exhibit J: Image 4- (2) Hobart Conveyor Pizza Ovens Cooking Meat (Unapproved Location/Noncompliant Use) Exhibit K: Image 5- Trays of Meat Used with Hobart Conveyor Pizza Ovens Exhibit L: Image 6- Lower-level Dining Space Conversion (Unapproved) Exhibit M: Image 7- Lower-level Dining Space Existing Exit Stairway Exhibit N: Image 8- Lower-level Dining Space Existing Stairway To Restaurant Exhibit O: Image 9- Lower-level Dining Space Signage Exhibit P: Image 10- Hood Above Hobart Ovens (Without Compliant Grease Filtration & Fire Suppression) Exhibit Q: Image 11- Hood Above Hobart Ovens II (Demonstrating Grease Accumulation) Exhibit R: Image 12- Exterior Signage Indicating Dining in Lower-level On 3/29/2022, AFM Kevin Sullivan and Building Inspector Damien Wilson met with Mr. Lesondak at the Restaurant to discuss the Fire Code violations. AFM Sullivan communicated that PFA’s intent is to work in partnership with every business to find solutions where possible to keep businesses operational while achieving compliance with the Fire Code to ensure the safety of employees, patrons, neighboring businesses, and for responding firefighters. Mr. Lesondak expressed a willingness to work in partnership with PFA to achieve compliance. AFM Sullivan indicated that PFA can approve additional time to achieve compliance, provided that an approved written plan of corrective action was established, immediate fire hazards were abated as part of this plan, and good faith efforts were demonstrated towards achieving compliance. AFM Sullivan indicated that PFA will be issuing to him and the property owners a notice of fire code violation that will outline steps for moving forward. PFA would provide Mr. Lesondak a week to reach out to contractors who may be able to assist him with achieving compliance. Exhibit S: Initial Email Correspondence Issued to Mr. Lesondak, including: a. A List of Companies That Service Kitchen Systems On 4/11/2022, AFM Christen and AFM Sullivan met with Mr. Lesondak at the PFA’s administrative offices to provide him with a copy of the Fire Code Violation Notice in person, and to once again express PFA’s position to work in partnership. Mr. Lesondack stated the following: • He intends to be forceably shut down, as that is the only way he can avoid the financial obligations of his lease agreement. • PFA is no longer allowed in his Restaurant without his permission. • All future communication will be through his attorney. AGENDA ITEM 3 Item 3, Page 2 Packet Pg. 13 Request to Appeal Adopted Fire Code Requirements The Wok and Roll, Appeal Request for Fire Code Requirements, Page 3 3741587.4 Additionally, AFM Sullivan contacted the responsible property manager, Ms. Emily Mack with Helix Property Management, to communicate that Fire Code violations have been identified at this property, and that PFA encourages partnership opportunities between the property and business owners to resolve this matter. Exhibit T: Larimer County Property Records Exhibit U: Email Correspondence Issued to Mr. Lesondack, including: a.Fire Code Violation Notice b.A List of Companies That Service Kitchen Systems Exhibit V: Email Correspondence Issued to Ms. Emily Mack, Helix Property Management, LLC, including: a.Fire Code Violation Notice Exhibit W: Ansul Kitchen System Technical Bulletin (Outlining Suppression Coverage Requirements for Conveyor-Type Pizza Ovens) On 4/14/2022, Attorney Gregory Bell, representing Mr. Lesondak, made a request to PFA for information pertaining to this matter and this property in accordance with the Colorado Open Records Act Request (CORA). Mr. Bell also sent PFA’s counsel a letter contesting PFA’s authority to require correction of the Fire Code violations. Exhibit X: Lesondak Attorney Letter PFA has repeatedly offered Mr. Lesondak options for achieving Fire Code compliance, but Mr. Lesondak has failed to pursue any of the options. Exhibit Y: PFA Attorney Kelley Duke Email to Attorney Fred Long RECOMMENDATION Based on the information set forth in this Report and the attached Exhibits, PFA respectfully requests that the BRC uphold PFA’s determination of Fire Code violations and its enforcement action to achieve Fire Code compliance at the Restaurant. The Fire Code is established as the minimum standard for fire and life-safety matters that affect businesses, properties, persons, an d first responders within PFA’s jursidiction. PFA prefers education and collaboration in achieving Fire Code compliance; however, PFA must enforce the Fire Code where such collaborative efforts fail. It is PFA’s position that the Fire Code requirements being enforced by PFA are necessary for life-safety, are aligned with national and international best-practices, and are the same as would be required of every other business or person within PFA’s jurisdiction. ATTACHMENTS 1.Finesse Foods dba Wok and Roll Appeal- Signed 2.Finesse Foods dba Wok and Roll Support Documents 3.Exhibit A: Permit Application Notes 4.Exhibit B: Submitted & Approved Floor Plans 5.Exhibit C: PFA Permit Approval History 6.Exhibit D: Enlarged Kitchen Area with Clarifying Notes 7.Exhibit E: Enlarged Lower-Level Area with Clarifying Notes 8.Exhibit F: PFA Fire Inspection Report 9.Exhibit G: Image 1- Wok and Rice Cooker Appliances (Unapproved Locations) 10.Exhibit H: Image 2- Wok Gas Line (Appears to be Noncompliant) 11.Exhibit I: Image 3- Table-top Deep Fat-Fryer Appliance (Unapproved Location/Noncompliant Use) 12.Exhibit J: Image 4- (2) Hobart Conveyor Pizza Ovens Cooking Meat (Unapproved Location/Noncompliant Use) 13.Exhibit K: Image 5- Trays of Meat Used with Hobart Conveyor Pizza Ovens AGENDA ITEM 3 Item 3, Page 3 Packet Pg. 14 Request to Appeal Adopted Fire Code Requirements The Wok and Roll, Appeal Request for Fire Code Requirements, Page 4 3741587.4 14.Exhibit L: Image 6- Lower-level Dining Space Conversion (Unapproved) 15.Exhibit M: Image 7- Lower-level Dining Space Existing Exit Stairway 16.Exhibit N: Image 8- Lower-level Dining Space Existing Stairway To Restaurant 17.Exhibit O: Image 9- Lower-level Dining Space Signage 18.Exhibit P: Image 10- Hood Above Hobart Ovens (Without Compliant Grease Filtration & Fire Suppression) 19.Exhibit Q: Image 11- Hood Above Hobart Ovens II (Demonstrating Grease Accumulation) 20.Exhibit R: Image 12- Exterior Signage Indicating Dining in Lower-level 21.Exhibit S: Initial Email Correspondence Issued to Mr. Lesondak, including: a.A List of Companies That Service Kitchen Systems 22.Exhibit T: Larimer County Property Records 23.Exhibit U: Email Correspondence Issued to Mr. Lesondak, including: a.Fire Code Violation Notice b.A List of Companies That Service Kitchen Systems 24.Exhibit V: Email Correspondence Issued to Ms. Emily Mack, Helix Property Management, LLC, including: a.Fire Code Violation Notice 25.Exhibit W: Ansul Kitchen System Technical Bulletin (Outlining Suppression Coverage Requirements for Conveyor-Type Pizza Ovens) 26.Exhibit X: Lesondak Attorney Letter 27.Exhibit Y: PFA Attorney Kelley Duke Email to Attorney Fred Long AGENDA ITEM 3 Item 3, Page 4 Packet Pg. 15 ITEM 3, ATTACHMENT 1 Packet Pg. 16 ITEM 3, ATTACHMENT 2Packet Pg. 17 ITEM 3, ATTACHMENT 2Packet Pg. 18 ITEM 3, ATTACHMENT 2Packet Pg. 19 ITEM 3, ATTACHMENT 2Packet Pg. 20 ITEM 3, ATTACHMENT 2Packet Pg. 21 ITEM 3, ATTACHMENT 2Packet Pg. 22 ITEM 3, ATTACHMENT 2Packet Pg. 23 ITEM 3, ATTACHMENT 2Packet Pg. 24 ITEM 3, ATTACHMENT 2Packet Pg. 25 ITEM 3, ATTACHMENT 2Packet Pg. 26 ITEM 3, ATTACHMENT 2Packet Pg. 27 ITEM 3, ATTACHMENT 2Packet Pg. 28 ITEM 3, ATTACHMENT 3PFA Exhibit "A" Packet Pg. 29 DNDNUPUP3' - 6"16' - 2 1/2"8' - 8"5' - 8"6"5' - 8"8' - 0"15' - 4"3' - 0"12' - 0 1/2"7' - 8"PREP.PREP.WOKFIREOVENMOP SINK W/ WATER HEATERS ABOVEVSICECOOLER/FREEZER20' - 0"48' - 0"RWRWSODA17' - 0"3' - 0"14' - 0"3' - 0"COUNTERKITCHEN3' - 0"3' - 6"2' - 9 1/2"24' - 0"24' - 0"14' - 0"4' - 3 1/2"6' - 0"6' - 0"3' - 6"16' - 6"HALF WALLSODA RACKTELECOM28' - 0"5' - 3"12' - 0"20' - 0"7' - 4"12' - 0"NEW WALLDRY STORAGEPLUMBING CHASELIFT PUMP6' - 0"COOLER3' - 0"8' - 0"FSDWMOPOFFICE48' - 0"11' - 4"««««''''CCCCUUUUVVVV««««VVVVJJJJ««««5555VVVVTTTTGGGGGGGGVVVV««««5555WWWWKKKKVVVVGGGG««««««««««««....QQQQXXXXGGGGNNNNCCCCPPPPFFFF««««%%%%QQQQNNNNQQQQTTTTCCCCFFFFQQQQ««««''''§§§§OOOOCCCCKKKKNNNN««««KKKKPPPPHHHHQQQQ""""JJJJCCCCWWWWUUUUGGGGTTTTCCCCTTTTEEEEJJJJKKKKVVVVGGGGEEEEVVVVUUUURRRREEEEEEEEQQQQOOOO****CCCCWWWWUUUUGGGGTTTT####TTTTEEEEJJJJKKKKVVVVGGGGEEEEVVVVUUUURRRREEEEEEEEQQQQOOOOSHEET.G[YKX°'XINOZKIZY°6).G[YKX°'XINOZKIZY°6).G[YKX°'XINOZKIZY°6).G[YKX°'XINOZKIZY°6)°  °'3°  °'3°  °'3°  °'3 0DVRQ6W)RUW&ROOLQV&27+(:2.$1'52//)/2253/$16A11/4" = 1'-0"2MAIN LEVEL1/4" = 1'-0"1LOWER LEVELREVISIONSITEM 3, ATTACHMENT 4ITEM 3, ATTACHMENT 4PFA Exhibit "B"Packet Pg. 30 4/8/22, 3:35 PM Tyler Technologies https://www.mobile-eyes.com/MobileEyes3/TrackFire_Report_AuditTrail.asp?AllJobRecords=True&Table=tblTrackFire_Permits_Jobs&RecordID=760 1/1 Audit History 4/8/2022 5:34:36 PM Filters: Date Range: -all- Data:Job #190606001 - 120 South Mason Street - Mason Wok and Roll User:-all- Message Filter:-all- Date/Time User Summary Interface? 10/18/2019 8:59:13 AM Nancy Roberts (Inspector) Added scheduled inspection type 'Tenant Finish Final (Building and Systems)' for Permit #190606001-P01. 6/19/2019 10:19:11 AM Theresa Reifinger (Inspector) Edited Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South Mason Street. Job status changed from Open to Completed. 6/19/2019 10:19:02 AM Theresa Reifinger (Inspector) Edited Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120 South Mason Street. The following inspection types were changed to required: Tenant Finish Final (Building and Systems). 6/19/2019 10:16:43 AM Theresa Reifinger (Inspector) Edited Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120 South Mason Street. 6/18/2019 2:41:51 PM Theresa Reifinger (Inspector) Edited Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South Mason Street. 6/6/2019 8:49:00 AM Beth McGhee (Inspector) Edited Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South Mason Street. 6/6/2019 8:48:34 AM Beth McGhee (Inspector) Added scheduled plan review type 'Plan Review - New Construction & Tenant Finish' for Job #190606001. 6/6/2019 8:46:13 AM Beth McGhee (Inspector) Checked in original plans for job number #190606001. 6/6/2019 8:45:59 AM Beth McGhee (Inspector) Edited Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120 South Mason Street. 6/6/2019 8:36:37 AM Beth McGhee (Inspector) Created Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120 South Mason Street. 6/6/2019 8:36:28 AM Beth McGhee (Inspector) Created Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South Mason Street. Total Transactions Shown: 11 ITEM 3, ATTACHMENT 5 PFA Exhibit "C" Packet Pg. 31 DN DN UP UP3' - 6"16' - 2 1/2" 8' - 8"5' - 8"6"5' - 8"8' - 0"15' - 4"3' - 0"12' - 0 1/2"7' - 8"PREP. PREP. WOK FIREOVEN MOP SINK W/ WATER HEATERS ABOVE VSICECOOLER/FREEZER20' - 0"48' - 0" RW RW SODA 17' - 0"3' - 0"14' - 0"3' - 0"COUNTERKITCHEN 3' - 0"3' - 6"2'-91/2"24' - 0"24' - 0" 14' - 0"4' - 3 1/2"6' - 0"6' - 0"3' - 6"16' - 6"HALF WALL SODA RACK TELECOM 28' - 0"5' - 3" 12' - 0"20' - 0"7' - 4"12' - 0"NEW WALL DRY STORAGE PLUMBING CHASELIFTPUMP6' - 0" COOLER 3' - 0"8' - 0"FS DW MOP OFFICE 48' - 0" 11' - 4"3333777788880000EEEEaaaasssstttt11115555tttthhhhSSSSttttrrrreeeeeeeetttt,,,,SSSSuuuuiiiitttteeee222200001111LLLLoooovvvveeeellllaaaannnndddd,,,,CCCCoooolllloooorrrraaaaddddoooo88880000555533338888999977770000....666666669999....8888222222220000EEEE----mmmmaaaaiiiillll::::iiiinnnnffffoooo@@@@hhhhaaaauuuusssseeeerrrraaaarrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmHHHHaaaauuuusssseeeerrrrAAAArrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmSHEET Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM120 & 122 Mason St. Fort Collins CO. 80524THE WOK AND ROLLFLOOR PLANS A1 1/4" = 1'-0" 2MAIN LEVEL 1/4" = 1'-0" 1 LOWER LEVEL REVISIONS*As Per the Submitted Plans Enlarged Kitchen Area Kitchen Appliances Included: (1) Oven (1) Wok (2) Rice Cookers No indication was provided that grease-producing appliances were to be used. The following would have been required by the adopted Fire Code and the permit process had grease-producing appliances been proposed: a. A Type I kitchen hood with a fire suppression system. b. A Class K-type portable fire extinguisher. c. Routine cleaning of grease for appliances, hoods, and other appurtenances. The Wok and Roll Restaurant Enlarged Kitchen Area and Proposed Appliances Based Upon the Submitted and Approved Drawings Drawing Not to Scale ITEM 3, ATTACHMENT 6 PFA Exhibit "D" Packet Pg. 32 DN DN UP UP3' - 6"16' - 2 1/2" 8' - 8"5' - 8"6"5' - 8"8' - 0"15' - 4"3' - 0"12' - 0 1/2"7' - 8"PREP. PREP. WOK FIREOVEN MOP SINK W/ WATER HEATERS ABOVE VSICECOOLER/FREEZER20' - 0"48' - 0" RW RW SODA 17' - 0"3' - 0"14' - 0"3' - 0"COUNTERKITCHEN 3' - 0"3' - 6"2'-91/2"24' - 0"24' - 0" 14' - 0"4' - 3 1/2"6' - 0"6' - 0"3' - 6"16' - 6"HALF WALL SODA RACK TELECOM 28' - 0"5' - 3" 12' - 0"20' - 0"7' - 4"12' - 0"NEW WALL DRY STORAGE PLUMBING CHASELIFT PUMP6' - 0" COOLER 3' - 0"8' - 0"FS DW MOP OFFICE 48' - 0" 11' - 4"3333777788880000EEEEaaaasssstttt11115555tttthhhhSSSSttttrrrreeeeeeeetttt,,,,SSSSuuuuiiiitttteeee222200001111LLLLoooovvvveeeellllaaaannnndddd,,,,CCCCoooolllloooorrrraaaaddddoooo88880000555533338888999977770000....666666669999....8888222222220000EEEE----mmmmaaaaiiiillll::::iiiinnnnffffoooo@@@@hhhhaaaauuuusssseeeerrrraaaarrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmHHHHaaaauuuusssseeeerrrrAAAArrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmSHEET Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM120 & 122 Mason St. Fort Collins CO. 80524THE WOK AND ROLLFLOOR PLANS A1 1/4" = 1'-0" 2MAIN LEVEL 1/4" = 1'-0" 1 LOWER LEVEL REVISIONS*As Per the Submitted Plans Enlarged Lower-Level No indication was provided that this space was proposed to be used as a dining/seating area. The following information would have been required by the adopted Fire Code and the permit process had this space been proposed to be used as a dining/seating area: a. An occupant load calculation. b. Indication how stairs and exits comply with the adopted Building and Fire Codes. c. Indication how proposed interior finishes comply with the adopted Building and Fire Codes. d. Indication how the proposed change-of-use from a storage use to an assembly use complies with the adopted Building and Fire Codes. The Wok and Roll Restaurant Enlarged Lower-Level Based Upon the Submitted and Approved Drawings Drawing Not to Scale ITEM 3, ATTACHMENT 7 PFA Exhibit "E"Packet Pg. 33 Poudre Fire Authority 102 Remington Street Fort Collins, Co 80524 Phone 970-416-2891 Fax 970-221-6635 Occupant Name: Mason Wok and Roll Inspection Date: 3/21/2022 Address: 120 South Mason Street InspectionType: Inspection Contact Suite: Inspected By: Mark Swihart Insp. Result Location Code Set Code Fail Floor 1 Fort Collins Amended IFC 2018 CHAPTER 6 BUILDING SERVICES AND SYSTEMS 607.3.3.1 - Hood Inspection (see photo 1.1, 1.2, 1.3, 1.4) Inspector Comments: Inspection. Hoods, grease-removal devices, fans, ducts and other appurtenances shall be inspected at intervals specified in Table 607.3.3.1 or as approved by the fire code official. Inspections shall be completed by qualified individuals. Inspector Swihart: When I inspected the hood system there was no tags or labels on it to indicate that the hood system had been inspected. Talking with the day manager they stated that the hood system has never been inspected or cleaned. Fail Floor 1 Fort Collins Amended IFC 2018 CHAPTER 6 BUILDING SERVICES AND SYSTEMS 607.3.3.2 - Grease accumulation. (see photo 2.1, 2.2, 2.3, 2.4) Inspector Comments: If during the inspection it is found that hoods, grease-removal devices, fans, ducts or other appurtenances have an accumulation of grease, such components shall be cleaned in accordance with ANSI/IKECA C10. Inspector Swihart: While inspecting I notice that the hood system over the pizza oven that there was grease accumulation in the duct work. The hood system didn't have any filters in the system at all. I was told that they cook chicken in this oven and that it produces lots of smoke when they are cooking. Fail Floor 1 Fort Collins Amended IFC 2018 CHAPTER 6 BUILDING SERVICES AND SYSTEMS 607.3.3 -Cleaning. (see photo 3.1, 3.2) Inspector Comments: Hoods,grease-removal devices, fans, ducts and other appurtenances shall be cleaned at intervals as required by Sections 607.3.3.1 through 607.3.3.3. Inspector Swihart: The hood systems have not been cleaned per this fire code and Table 607.3.3.1 which requires wok or char cooking that there hood systems shall be cleaned every 3 months. Inspector Comments: On Monday March 21 I went into the S. College Wok & Roll and was told that this location is closing permanently on Friday 3/25/22, I asked if I could just inspect the hood system just for documentation and was told I could. While inspecting I became alarmed that their hood system has not been cleaned per IFC 607.3.3 and that they had no fire protection system installed. So I also went to the S Mason location and found the same issues. Talking with the day manager, she stated that they clean the filters but no one has come in professionally and cleaned the entire system and duct work. They only fire protection that they have is an ABC fire extinguisher hanging on the wall. So I documented my inspection with photos and noticed that the duct work looked to have a great amount of grease buildup. I was concerned about not having their system cleaned and no fire protection over the wok cooking area that I forwarded this inspection up to my supervisor and the Assistant Fire Marshals. ITEM 3, ATTACHMENT 8 PFA Exhibit "F" Packet Pg. 34 ALL VIOLATIONS MUST BE ABATED IMMEDIATELY. The Inspector will return on or after 4/21/2022. Thank you for keeping your business and our community safe! If your occupancy has a Knox Box and you change keys for your building, notify our office at www.poudre-fire.org and request a Knox Box lockup. Thank you! Inspector: Mark Swihart 3/21/2022 ITEM 3, ATTACHMENT 8 PFA Exhibit "F" Packet Pg. 35 1.1 - 607.3.3.1. 1.2 - 607.3.3.1. 1.3 - 607.3.3.1. 1.4 - 607.3.3.1. 2.1 - 607.3.3.2. 2.2 - 607.3.3.2. 2.3 - 607.3.3.2. 2.4 - 607.3.3.2. ITEM 3, ATTACHMENT 8 PFA Exhibit "F" Packet Pg. 36 3.1 - 607.3.3. 3.2 - 607.3.3. Ref: 25342 ITEM 3, ATTACHMENT 8 PFA Exhibit "F" Packet Pg. 37 ITEM 3, ATTACHMENT 9PFA Exhibit "G" Packet Pg. 38 ITEM 3, ATTACHMENT 10 PFA Exhibit "H" Packet Pg. 39 ITEM 3, ATTACHMENT 11PFA Exhibit "I" Packet Pg. 40 ITEM 3, ATTACHMENT 12PFA Exhibit "J" Packet Pg. 41 ITEM 3, ATTACHMENT 13PFA Exhibit "K" Packet Pg. 42 ITEM 3, ATTACHMENT 14PFA Exhibit "L" Packet Pg. 43 ITEM 3, ATTACHMENT 15PFA Exhibit "M" Packet Pg. 44 ITEM 3, ATTACHMENT 16PFA Exhibit "N" Packet Pg. 45 ITEM 3, ATTACHMENT 17PFA Exhibit "O" Packet Pg. 46 ITEM 3, ATTACHMENT 18 PFA Exhibit "P" Packet Pg. 47 ITEM 3, ATTACHMENT 19 PFA Exhibit "Q" Packet Pg. 48 ITEM 3, ATTACHMENT 20 PFA Exhibit "R" Packet Pg. 49 ITEM 3, ATTACHMENT 21PFA Exhibit "S"Packet Pg. 50 ITEM 3, ATTACHMENT 21PFA Exhibit "S" Packet Pg. 51 4/8/22, 3:18 PM Property Search | Larimer County https://www.larimer.org/assessor/search#/property/?fromAddrNum=163&address=mountain&city=FORT COLLINS&sales=any&accountid=R0039543 1/1 Sales Information Clicking a Sale Date shows recorded document details. Clicking a Reception No will open a new tab with the Clerk and Recorder's Recording Department Public Records portal, Easy Access (registration required). For questions about Easy Access, please call the Recording Department at 970-498-7860, option 1. 2021 Value Information Abstract Code/Description Value Type Actual Value Assessed Value Net Acres Net Sq Ft 2223L Special purpose Land $651,000 $188,790 .09 4,340 2227 Com/Res Improvement $1,496,000 $106,964 .00 0 2227L Com/Res Land $511,500 $36,572 .07 3,410 2223 Special purpose Improvement $1,904,000 $552,160 .00 0 Totals: $4,562,500 $884,486 0.16 7,750 Legal Description: LOTS 25 & 26, BLK 111, FTC Parcel Number:9711414025 Schedule Number:0039543 Account Number:R0039543 Tax District: 1110   Property Tax Year: 2022 2021 Mill Levy: 102.679 Subdivision : //10111 - FTC BLK 111 Neighborhood : 170 Property Address: 163 W MOUNTAIN AVE FORT COLLINS, CO 80524 Owner Name & Address: MOUNTAIN 155 LLC HELO INVESTMENTS LLC PO BOX 4655 BOULDER, CO 803064655 Sale Date (info) Reception No. (doc) Sale Price Deed Type  2019-08- 14  20190047729 $4,600,000 Special Warranty Deed  2016-03- 22  20160017990 $0 Quit Claim Deed  2016-03- 22  20160017989 $4,500,000 Special Warranty Deed  2006-06- 08  20060044637 $1,818,000 Warranty Deed  2002-04- 19  2002045188 $1,435,000 Warranty Deed  1997-08- 06  97051412 $900,000 Warranty Deed General Information ITEM 3, ATTACHMENT 22 PFA Exhibit "T" Packet Pg. 52 ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 53 ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 54 ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 55 ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 56 ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 57 ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 58 ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 59 April 11, 2022 RE: NOTICE OF FIRE CODE VIOLATIONS, 122 S MASON STREET, WOK AND ROLL IMMEDIATE ACTION REQUIRED Property Owner: Mountain 155, LLC Helo Investments, LLC P.O. Box 4655, Boulder, CO 8030604655 c/o Helix Property Management, LLC 244 Pine Street, Fort Collins, CO 80524 Attn: Emily Mack, Operations Manager P (970) 632-6055 Ext. 1 E emack@helixpropertymanagement.com Business Owner: Mr. Steve Lesondak The Wok and Roll 122 S Mason Street, Fort Collins, CO 80524 P (970) 218-0433 E lesondack@msn.com Applicable Building: As per Larimer County property records: 163 W Mountain Avenue, Fort Collins Parcel # 9711414025 As posted on the building: 122 S Mason Street, Fort Collins Larimer County property records indicates that Mountain 155, LLC and Helo Investments, LLC are the legal property owners of this complex, located at property address 163 W Mountain Avenue/122 S Mason Street, in Fort Collins, Colorado. Thank you to Mr. Steve Lesondak, owner of The Wok and Roll, for your time and that of your staff to meet on site with the Poudre Fire Authority to evaluate this facility. Based upon this site visit and records of what was approved for this facility, the following shall apply: Existing Approval- Poudre Fire Authority records indicate the result was approval for a tenant finish for The Wok and Roll restaurant in October of 2019, PFA Permit #190606001-P01. As per the approved plans, the scope of ITEM 3, ATTACHMENT 23 PFA Exhibit "U" Item A Packet Pg. 60 work included tenant finish modifications for a restaurant with counter service, including (1) Type II commercial kitchen hood, no grease producing appliances were proposed as per the permit application notes, and appliances consisted of an oven, a wok, and rice cookers. No change-of-use was indicated on the approved plans to convert the lower-level space into a dining/seating area associated with the restaurant use. Actual Site Conditions- Existing conditions and operations have deviated from what was initially approved by the Poudre Fire Authority as follows: 1.The commercial oven -as currently installed and used- has been determined to be a grease- producing appliance, and is not approved for this use by the Poudre Fire Authority. 2.The location of the commercial kitchen appliances has changed from the approved plans. 3.The lower-level area capable of being used as a dining/seating is not approved for this use by the Poudre Fire Authority. 4.A table-top deep fat fryer appliance was noted as having been used in the lower-level prep area, and is not approved for this use by the Poudre Fire Authority. What is Required- Modifications to the commercial cooking operations and the lower-level dining area shall meet the requirements of the adopted Fire Code(s). A permit and approval from the Poudre Fire Authority shall be required for these modifications. 1.The gas-fired Hobart oven and the countertop model deep fat fryer are grease and smoke producing appliances and shall require a Type I hood with fire suppression coverage. Installation will require approval from both the City of Fort Collins and the Poudre Fire Authority. This has been deemed as an unsafe condition by the Poudre Fire Authority and represents an immediate fire hazard for this building and adjacent properties. Conditions shall be repaired as soon as feasible, and/or the use of said appliance(s) shall cease and desist until which time approval can be issued by the Poudre Fire Authority. Applicable code sections: IFC 607.2 Where required- “A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors.” IMC 509.1 Where required- “Cooking appliances required Section 507.2 to have a Type I hood shall be provided with an approved automatic fire suppression system complying with the International Building Code and the International Fire Code.” IMC 507.3 Type II hoods- “Type II hoods shall be installed above dishwashers and appliances that produce heat or moisture and do not produce grease or smoke as a result of the cooking process, except where the heat and moisture loads from such appliances are incorporated into the HVAC system design or into the design of a separate removal system…” ITEM 3, ATTACHMENT 23 PFA Exhibit "U" Item A Packet Pg. 61 2.The existing Type II hood is currently being used over the Hobart oven, and because this hood is not designed to capture grease-laden vapors with the appropriate filters, both the hood, exhaust shaft and appurtenances are heavily coated with grease. This has been deemed as an unsafe condition by the Poudre Fire Authority and represents an immediate fire hazard for this building and adjacent properties. The hood and all appurtenances shall be cleaned by a qualified cleaning contractor as soon as feasible. Applicable code section: IFC 607.3.3 Cleaning- “Hoods, grease removal devices, fans, ducts and other appurtenances shall be inspected at intervals specified in Table 607.3.3.1 or as approved by the fire code official. Inspections shall be completed by qualified individuals.” 3.The modifications to the lower-level area from storage use to a dining/seating area shall meet the requirements of the adopted Fire Code as a change-of-use. Approval by both the City of Fort Collins and the Poudre Fire Authority shall be required. This condition has been deemed as an unsafe condition by the Poudre Fire Authority. The use of said space shall cease and desist until which time approval can be issued by the Poudre Fire Authority. Applicable code section: IFC 102.3 Change of use or occupancy- “A change of occupancy shall not be made unless the use or occupancy is made to comply with the requirements of this code and the International Existing Building Code.” Written Plan of Corrective Action- A written plan of corrective action shall be submitted to the Poudre Fire Authority by the property owner and/or the business owner no later than Friday, April 15th, 2022. Plans of corrective action shall demonstrate good faith efforts, shall outline the actions that will be taken by the property owner and/or business owner to immediately abate all fire hazards, and shall outline a reasonable timeline for reaching full compliance; and the continued operation of identified unsafe conditions shall not be permissible. Proposed plans of corrective action shall be signed by the property owner and/or the business owner and shall be approved at the discretion of the Assistant Fire Marshal or Fire Marshal. You are encouraged to notify your insurance provider and adjacent properties and/or businesses that may be affected by these unsafe conditions. Please be advised that in the event of an incident this document and other pertinent records may be furnished to any fire investigators working on behalf of an insurance company through the public records request process. Enforcement Measures- Please be advised that the adopted Fire Code functions as law, and therefore these requirements are mandatory and not optional. If good faith efforts are not made and measurable actions have not been demonstrated for the purpose of abating noted fire and life-safety hazards, the following enforcement actions may apply: IFC 112.4 Failure to comply- “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than that which is outlined in Section 110.4.” ITEM 3, ATTACHMENT 23 PFA Exhibit "U" Item A Packet Pg. 62 IFC 110.4 Violation penalties- “Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties, costs and orders as provided by Section 1-15 of the City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.” IFC 111.4 Abatement- “The owner, the owner’s authorized agent, operator of occupant of a building or premises deemed unsafe by the fire code official shall abate or cause to be abated of corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective actions.” IFC 110.1 Unlawful acts- “It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.” It is the intent of the Poudre Fire Authority to facilitate reasonable modifications to established timelines when it has been clearly demonstrated that good faith efforts are being made to correct unsafe conditions and to comply with applicable life-safety requirements. It is also our intent to pursue enforcement measures when in the opinion of the Fire Marshal good faith efforts have not been made to comply with applicable life-safety requirements, as this is the method that we ensure fairness, consistency, and a reasonable degree of life-safety for occupants, neighboring properties, and for responding firefighters. Please do not hesitate to contact this office directly if you have questions or we can facilitate a successful outcome. Thank You, Kevin Sullivan, Assistant Fire Marshal Poudre Fire Authority Office phone (970) 416-2868 Cell phone (970) 556-1773 Email kevin.sullivan@poudre-fire.org Cc: Jerry Howell, Fire Marshal-Division Chief, Poudre Fire Authority Marcus Coldiron, Chief Building Official, City of Fort Collins ITEM 3, ATTACHMENT 23 PFA Exhibit "U" Item A Packet Pg. 63 Below is a partial list of companies that provide installation, testing and maintenance of kitchen hood suppression systems. This list is comprised of companies found online. This list is only a partial list and should not be considered a complete listing of companies able to provide kitchen hood suppression system installations and maintenance. These companies are not endorsed or recommended by Poudre Fire Authority. Pyrotech Fire & Safety Tri County Fire Protection PO Box 271671 3159 Baron Ln. Fort Collins, CO 80527 Rifle, CO 81650 (970)481-1761 (970) 625-4533 Sentry Fire and Safety, Inc. Western States Fire Protection 300 E 16th Street, Suite 208 1717 Heath Pkwy. Greeley, CO 80631 Fort Collins, CO 80524 (303) 294-0708 (970) 472-5205 Simplex Grinnell 6420 Smith Rd. Denver, CO 80216 (303) 355-0500 Type of Cooking Operations Frequency of Inspection High-volume cooking operations such as 24- hour cooking, charbroiling or wok cooking 3 months Low-volume cooking operations such as places of religious worship, seasonal businesses and senior center 12 months Cooking operations utilizing solid fuel-burning cooking appliances 1 month All other cooking operations 6 months ITEM 3, ATTACHMENT 23 PFA Exhibit "U" Item B Packet Pg. 64 ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 65 ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 66 ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 67 ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 68 ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 69 April 11, 2022 RE: NOTICE OF FIRE CODE VIOLATIONS, 122 S MASON STREET, WOK AND ROLL IMMEDIATE ACTION REQUIRED Property Owner: Mountain 155, LLC Helo Investments, LLC P.O. Box 4655, Boulder, CO 8030604655 c/o Helix Property Management, LLC 244 Pine Street, Fort Collins, CO 80524 Attn: Emily Mack, Operations Manager P (970) 632-6055 Ext. 1 E emack@helixpropertymanagement.com Business Owner: Mr. Steve Lesondak The Wok and Roll 122 S Mason Street, Fort Collins, CO 80524 P (970) 218-0433 E lesondack@msn.com Applicable Building: As per Larimer County property records: 163 W Mountain Avenue, Fort Collins Parcel # 9711414025 As posted on the building: 122 S Mason Street, Fort Collins Larimer County property records indicates that Mountain 155, LLC and Helo Investments, LLC are the legal property owners of this complex, located at property address 163 W Mountain Avenue/122 S Mason Street, in Fort Collins, Colorado. Thank you to Mr. Steve Lesondak, owner of The Wok and Roll, for your time and that of your staff to meet on site with the Poudre Fire Authority to evaluate this facility. Based upon this site visit and records of what was approved for this facility, the following shall apply: Existing Approval- Poudre Fire Authority records indicate the result was approval for a tenant finish for The Wok and Roll restaurant in October of 2019, PFA Permit #190606001-P01. As per the approved plans, the scope of ITEM 3, ATTACHMENT 24 PFA Exhibit "V" Item A Packet Pg. 70 work included tenant finish modifications for a restaurant with counter service, including (1) Type II commercial kitchen hood, no grease producing appliances were proposed as per the permit application notes, and appliances consisted of an oven, a wok, and rice cookers. No change-of-use was indicated on the approved plans to convert the lower-level space into a dining/seating area associated with the restaurant use. Actual Site Conditions- Existing conditions and operations have deviated from what was initially approved by the Poudre Fire Authority as follows: 1.The commercial oven -as currently installed and used- has been determined to be a grease- producing appliance, and is not approved for this use by the Poudre Fire Authority. 2.The location of the commercial kitchen appliances has changed from the approved plans. 3.The lower-level area capable of being used as a dining/seating is not approved for this use by the Poudre Fire Authority. 4.A table-top deep fat fryer appliance was noted as having been used in the lower-level prep area, and is not approved for this use by the Poudre Fire Authority. What is Required- Modifications to the commercial cooking operations and the lower-level dining area shall meet the requirements of the adopted Fire Code(s). A permit and approval from the Poudre Fire Authority shall be required for these modifications. 1.The gas-fired Hobart oven and the countertop model deep fat fryer are grease and smoke producing appliances and shall require a Type I hood with fire suppression coverage. Installation will require approval from both the City of Fort Collins and the Poudre Fire Authority. This has been deemed as an unsafe condition by the Poudre Fire Authority and represents an immediate fire hazard for this building and adjacent properties. Conditions shall be repaired as soon as feasible, and/or the use of said appliance(s) shall cease and desist until which time approval can be issued by the Poudre Fire Authority. Applicable code sections: IFC 607.2 Where required- “A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors.” IMC 509.1 Where required- “Cooking appliances required Section 507.2 to have a Type I hood shall be provided with an approved automatic fire suppression system complying with the International Building Code and the International Fire Code.” IMC 507.3 Type II hoods- “Type II hoods shall be installed above dishwashers and appliances that produce heat or moisture and do not produce grease or smoke as a result of the cooking process, except where the heat and moisture loads from such appliances are incorporated into the HVAC system design or into the design of a separate removal system…” ITEM 3, ATTACHMENT 24 PFA Exhibit "V" Item A Packet Pg. 71 2.The existing Type II hood is currently being used over the Hobart oven, and because this hood is not designed to capture grease-laden vapors with the appropriate filters, both the hood, exhaust shaft and appurtenances are heavily coated with grease. This has been deemed as an unsafe condition by the Poudre Fire Authority and represents an immediate fire hazard for this building and adjacent properties. The hood and all appurtenances shall be cleaned by a qualified cleaning contractor as soon as feasible. Applicable code section: IFC 607.3.3 Cleaning- “Hoods, grease removal devices, fans, ducts and other appurtenances shall be inspected at intervals specified in Table 607.3.3.1 or as approved by the fire code official. Inspections shall be completed by qualified individuals.” 3.The modifications to the lower-level area from storage use to a dining/seating area shall meet the requirements of the adopted Fire Code as a change-of-use. Approval by both the City of Fort Collins and the Poudre Fire Authority shall be required. This condition has been deemed as an unsafe condition by the Poudre Fire Authority. The use of said space shall cease and desist until which time approval can be issued by the Poudre Fire Authority. Applicable code section: IFC 102.3 Change of use or occupancy- “A change of occupancy shall not be made unless the use or occupancy is made to comply with the requirements of this code and the International Existing Building Code.” Written Plan of Corrective Action- A written plan of corrective action shall be submitted to the Poudre Fire Authority by the property owner and/or the business owner no later than Friday, April 15th, 2022. Plans of corrective action shall demonstrate good faith efforts, shall outline the actions that will be taken by the property owner and/or business owner to immediately abate all fire hazards, and shall outline a reasonable timeline for reaching full compliance; and the continued operation of identified unsafe conditions shall not be permissible. Proposed plans of corrective action shall be signed by the property owner and/or the business owner and shall be approved at the discretion of the Assistant Fire Marshal or Fire Marshal. You are encouraged to notify your insurance provider and adjacent properties and/or businesses that may be affected by these unsafe conditions. Please be advised that in the event of an incident this document and other pertinent records may be furnished to any fire investigators working on behalf of an insurance company through the public records request process. Enforcement Measures- Please be advised that the adopted Fire Code functions as law, and therefore these requirements are mandatory and not optional. If good faith efforts are not made and measurable actions have not been demonstrated for the purpose of abating noted fire and life-safety hazards, the following enforcement actions may apply: IFC 112.4 Failure to comply- “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than that which is outlined in Section 110.4.” ITEM 3, ATTACHMENT 24 PFA Exhibit "V" Item A Packet Pg. 72 IFC 110.4 Violation penalties- “Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and upon conviction shall be subject to the penalties, costs and orders as provided by Section 1-15 of the City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.” IFC 111.4 Abatement- “The owner, the owner’s authorized agent, operator of occupant of a building or premises deemed unsafe by the fire code official shall abate or cause to be abated of corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective actions.” IFC 110.1 Unlawful acts- “It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.” It is the intent of the Poudre Fire Authority to facilitate reasonable modifications to established timelines when it has been clearly demonstrated that good faith efforts are being made to correct unsafe conditions and to comply with applicable life-safety requirements. It is also our intent to pursue enforcement measures when in the opinion of the Fire Marshal good faith efforts have not been made to comply with applicable life-safety requirements, as this is the method that we ensure fairness, consistency, and a reasonable degree of life-safety for occupants, neighboring properties, and for responding firefighters. Please do not hesitate to contact this office directly if you have questions or we can facilitate a successful outcome. Thank You, Kevin Sullivan, Assistant Fire Marshal Poudre Fire Authority Office phone (970) 416-2868 Cell phone (970) 556-1773 Email kevin.sullivan@poudre-fire.org Cc: Jerry Howell, Fire Marshal-Division Chief, Poudre Fire Authority Marcus Coldiron, Chief Building Official, City of Fort Collins ITEM 3, ATTACHMENT 24 PFA Exhibit "V" Item A Packet Pg. 73 ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 74 ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 75 ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 76 ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 77 ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 78 ITEM 3, ATTACHMENT 26PFA Exhibit "X" Packet Pg. 79 ITEM 3, ATTACHMENT 26PFA Exhibit "X" Packet Pg. 80 ITEM 3, ATTACHMENT 26PFA Exhibit "X" Packet Pg. 81 From: Kelley B. Duke <KDuke@irelandstapleton.com> Sent: Friday, May 6, 2022 4:24 PM To: fredl@bell-law.com Cc: Dino A. Ross <DRoss@irelandstapleton.com> Subject: PFA/Lesondak appeal Fred: Nice speaking with you this week. As we discussed, Poudre Fire Authority (PFA) is interested in reaching an amicable solution. We find that it is best to work together given both parties have a vested interest in providing a safe environment compliant with applicable fire code while keeping businesses open and profitable. In summary, this issue relates to a change in use of equipment from the time it was originally permitted. Mr. Lesondak’s permit was issued with the understanding that his commercial equipment kitchen appliances would not produce grease-laden vapors. A fire inspection revealed that the arrangement of the commercial kitchen appliances had changed from what was originally approved, and that a Hobart pizza oven is being used in a manner that produces these grease laden vapors/smoke. The fire code requires that all commercial kitchen appliances that produce these types of vapors and smoke be protected by a Type 1 exhaust hood with an integral suppression system. I believe you have a copy of all of the correspondence in this matter (which explains these issues in much more detail), but if not let me know. A couple of suggestions have been floated for your consideration. One solution is the replacement of the Type 2 hood with a Type 1 hood. If that isn’t economically feasible, Mr. Lesondak could go back to the way he was originally using the equipment, consistent with the way it was originally approved and permitted. PFA has several recommendations for contractors that routinely work to get businesses into compliance with the fire code. We would be happy to pass those names along if that would be helpful. Again, PFA remains opens to creative solutions on how to solve these issues and welcomes any ideas your team may have. I look forward to working with you. Talk soon and have a good weekend, Kelley ITEM 3, ATTACHMENT 27 PFA Exhibit "Y" Packet Pg. 82