The URL can be used to link to this page

Home My WebLink About03/30/2023 - Building Review Commission - AGENDA - Regular MeetingPage 1 Alan Cram, Chair Location: Eric Richards, Vice Chair CIC Conference Room Gabe Dunbar 300 LaPorte Ave Shaun Moscrip Mark Teplitsky Staff Liaison: Ronnie Zimmerman Marcus Coldiron Vacant Seat Chief Building Official AGENDA MARCH 30, 2023 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. • WELCOME BY COUNCILMEMBER PEEL • CALL TO ORDER • ROLL CALL • AGENDA REVIEW • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA • DISCUSSION AGENDA 1. MINUTES OF FEBRUARY 23, 2023 The purpose of this item is to consider approval of the minutes from the February 23, 2023 regular meeting of the Building Review Commission. 2. GEORGE KIDDER, COLORADO WOODWORKS – LICENSE UPGRADE REQUEST WITHOUT EXAM DESCRIPTION: Mr. Kidder of Colorado Woodworks is requesting a secondary one-time licensing variance approval to build a groung level deck/platform which falls to a higher, commercial classificiation, licensing level. STAFF: Shar Manno, Manager, Contractor Licensing Marcus Coldiron, Chief Building Official Building Review Commission Packet Pg. 1 Page 2 3. LIMITED LICENSING WITHOUT TESTING DESCRIPTION: Staff is requesting that the Chief Building Official (CBO) have the ability to provided limited classification licensing without requiring an exam. STAFF: Shar Manno, Manager, Contractor Licensing Marcus Coldiron, Chief Building Official 4. RODNEY HENRICHSEN – SUSPENSION/REVOCATION DESCRIPTION: The purpose of this item is for the Building Review Commission to consider the Chief Building Official’s recommendation of revocation of the contractor license of Northern Colorado Plumbing and Drain (NCPD) with the City of Fort Collins. This item was first heard by the Commission on February 23, 2023. After presentation by the Chief Building Official and NCPD’s representative, the Commission decided to allow NCPD additional time to respond to the Chief Building Official’s recommendation of revocation. The Commission extend the initial 45-day suspension of NCPD’s license until the Commission’s next hearing date, which is March 30, 2023. STAFF: Marcus Coldiron, Chief Building Official 5. NOCO CUSTOM HOMES – 30-DAY SUSPENSION UPDATE DESCRIPTION: The purpose of this item is to notify the Commission of a 30 day license suspension imposed on NOCO Custom Homes on March 2, 2023. Per Fort Collins Municipal Code section 15-162, the suspension is currently set to expire on April 2, 2023. STAFF: Marcus Coldiron, Chief Building Official • OTHER BUSINESS • ADJOURNMENT Packet Pg. 2 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY MARCH 30, 2023 Building Review Commission STAFF Melissa Matsunaka, Administrative Assistant SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FEBRUARY 23, 2023 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the February 23, 2023 meeting of the Building Review Commission. ATTACHMENTS 1. BRC February 23, 2023 Minutes – DRAFT Packet Pg. 3 City of Fort Collins Page 1 February 23, 2023 Alan Cram, Chair Council Chambers Gabe Dunbar 300 Laporte Avenue, Fort Collins Shaun Moscrip And Remotely via Zoom Eric Richards Mark Teplitsky Staff Liaison: Ronnie Zimmerman Marcus Coldiron Vacant Seat Chief Building Official Meeting Minutes February 23, 2023 A regular meeting of the Building Review Commission was held on Thursday, February 23, 2023, at 9:00 a.m. via Zoom and in person at 300 Laporte Avenue, Fort Collins, Colorado. •CALL TO ORDER Chair Cram called the meeting to order at 9:05 a.m. •ROLL CALL PRESENT: Cram, Richards, Teplitsky, and Zimmerman ABSENT: Dunbar and Moscrip STAFF: Coldiron, Manno, Guin, Matsunaka •PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. •DISCUSSION AGENDA [Timestamp: 9:06 a.m.] 1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE NOVEMBER 17, 2022 MEETING. Teplitsky moved to approve the minutes of the November 17, 2022 meeting. Richards seconded. The motion passed 4-0. 2.THE FURNACE GUY HEATING AND COOLING – NEW LICENSE REQUEST WITHOUT EXAM DESCRIPTION: Mr. Conquest of The Furnace Guy Heating and Cooling is requesting a new license and supervisor’s certificate to be issued without a passing a ICC testing certificate of the code year requred for new/reinstatement licensing. Building Review Commission DRAFTITEM 1, ATTACHMENT 1 Packet Pg. 4 City of Fort Collins Page 2 February 23, 2023 Toby Conquest, owner, The Furnace Guy, introduced himself. Chair Cram outlined the hearing procedure. Disclosure of Conflicts None. Staff Presentation Shar Manno, Contractor Licensing Administrator, stated Mr. Conquest is requesting a new license and supervisor certificate to be issued without a passing ICC testing certificate of the Code year required for new and restatement of licensing. She stated the request to grant licensure is based on the use of an N29 passing testing certificate, which is based on the 2009 Code year and does not cover the exam requirement for the City of Fort Collins licensing. She noted Mr. Conquest submitted an incomplete license application yesterday and she outlined the missing components, including the exam which is the subject of this hearing. She stated staff is recommending denial of the request based on the Code requirements of licensing and outlined the options for the Commission. Applicant Presentation Mr. Conquest discussed his business and stated he has been actively keeping up with codes as they change. He discussed the various counties in which he holds licenses and stated he is seeking the license testing equivalency based on his experience and continuing education. Staff Rebuttal Manno stated continuing education cannot be considered in lieu of testing and she discussed what she received in Mr. Conquest’s appeal application packet. She also noted no City licensing decisions are based on licenses currently held in other jurisdictions. Applicant Rebuttal None. Commission Questions and Discussion Teplitsky stated he only recalls this type of appeal being granted due to a hardship in taking the test or due to a scheduling conflict and asked if any of those issues are in place. Mr. Conquest replied one consideration is that his son is moving to Fort Collins around April and he would like to employ him, though not without having a license. Teplitsky stated that while it is obvious Mr. Conquest has great experience, it is difficult for the Commission to grant waivers of this type without setting a precedent. Manno asked if Mr. Conquest’s son would be the one holding the license and on-site supervisor certificate. Mr. Conquest replied he would be the license holder and on-site supervisor initially, with his son becoming the on-site supervisor eventually. Richards asked if there are any experience requirements for the F29 test needed by Mr. Conquest. Manno replied there is no skill-based requirement for testing. Richards asked if any of Mr. Conquest’s employees have met current testing requirements. Mr. Conquest replied his employees have a mechanics 4 license in El Paso County and he holds the main license. He commented on taking the National Mechanical License test in 2014. Motion Teplitsky made a motion to deny the appeal and require the necessary testing and any other requirements to obtain the license. Zimmerman seconded. Richards thanked Mr. Conquest for bringing his appeal forward and, while he would support the motion, he hoped the business could be expanded to the Fort Collins area. Aaron Guin, City Attorney’s Office, noted the Commission needs to find that the strict application of the licensing standards will not result in a peculiar or exceptional practical difficulty for the applicant. DRAFTITEM 1, ATTACHMENT 1 Packet Pg. 5 City of Fort Collins Page 3 February 23, 2023 Teplitsky made a motion, based on staff’s report, analysis, and recommendation and the evidence and testimony presented at this hearing, 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, finding that the strict application of the City’s licensing standards would not result in a peculiar or exceptional practical difficulty for the applicant, or an exceptional or undue hardship upon the applicant. Zimmerman seconded. The motion passed 4-0. 3. RODNEY HENRICHSEN – SUSPENSION/REVOCATION DESCRIPTION: The purpose of this item is twofold. First, this is to notify the Commission of a 45-day interim suspension imposed on Mr. Rodney Henrichsen and Northern Colorado Plumbing and Drain on January 9, 2023. Per Fort Collins Municipal Code section 15-162, that suspension is currently set to expire on February 23, 2023. Second, because of repeated violations of the City Code, multiple suspensions, and the severity of the most recent violations, staff recommends that the Commission revoke the contractor license of Northern Colorado Plumbing and Drain with the City of Fort Collins. Rod Henrichsen, president, Northern Colorado Plumbing, introduced himself. Staff Presentation Marcus Coldiron, Chief Building Official, discussed the license-holder’s history of suspensions and complaints that Norther Colorado Plumbing and Drain has not obtained building permits for work completed and has not completed inspections under issued building permits. He cited specific examples of issues in 2022 and detailed particularly egregious violations at 2929 Ross Drive. He noted Mr. Henrichsen was given 30 days from a meeting on December 2, 2022 to correct the violations at 2929 Ross Drive and other violations identified from 2022. Upon subsequent inspections, the department found no progress had been made and was also made aware of additional negligence by the Engineering Department that Northern Colorado Plumbing had performed work in the right-of-way without a permit or appropriate license. Coldiron stated Mr. Henrichsen was served with a notice of interim suspension on January 9, 2023 for multiple violations of City Code. He outlined the options for the Commission and stated staff’s recommendation is to revoke Northern Colorado Plumbing and Drain’s contractor license for three main reasons: the conduct at the 2929 Ross Drive site shows a deliberate disregard for the Building Code and safety of surrounding community members and Northern Colorado Plumbing and Drain failed to take any action to correct the problem after it manifested into a serious issue, Northern Colorado Plumbing and Drain failed to comply with the lawful order to rectify the circumstances it had created, and Northern Colorado Plumbing and Drain was negligent in allowing these circumstances to manifest, and in failing to correct them resulting in a threat to public health and safety. Coldiron outlined things that have occurred since the writing of the staff report, including the completion of 74 field verification forms by the contractor in lieu of getting a required inspection for violations that occurred prior to 2022 when that process was removed. He noted those forms dated back to 2009. Aaron Guin, City Attorney’s Office, clarified the Commission would need to determine whether or not ample notice has been provided to the licensee that this information would be presented before considering the information. Chair Cram asked Mr. Henrichsen if he has had sufficient time to review the information. Mr. Henrichsen replied the field verification forms were finalized and completed two or three weeks ago. Applicant Presentation Mr. Henrichsen stated he is the third generation of his family to be in this field. He stated he holds himself accountable for doing what is correct and his company has a 100% satisfaction guarantee. He discussed his experience with the Ross Drive property and stated the delay was due to the homeowner’s association not being able to decide whether insurance would be paying for the project. He also stated a subcontractor was fired for poor work on that project. He discussed the reasons the 30-day timeframe for fixing issues was missed, including that the soils engineer could not meet the timeframe and he was dealing with some workman’s compensation insurance issues, and stated he has a problem with delegating administrative work and not following up to ensure things were done correctly. DRAFTITEM 1, ATTACHMENT 1 Packet Pg. 6 City of Fort Collins Page 4 February 23, 2023 Staff Rebuttal None. Applicant Rebuttal Mr. Henrichsen stated he has attempted to do things correctly and he believes things have been improving. Coldiron stated his recent permits have mostly been able to be passed; however, he stated he still stands by his recommendation. Commission Questions and Discussion Richards asked how the field verification form process worked previously. Coldiron replied the process was severely flawed, in his opinion, which is why it has since been changed. He stated the field verification forms were previously accepted by the Building Department in lieu of an in-person inspection and involved the contractors self-verifying they installed materials properly per the current Code. He stated there are a few exceptions that still allow the forms to be used, however, generally, the policy has been revoked. Richards asked Coldiron if his staff has verified the 74 field verification forms submitted by Mr. Henrichsen. Coldiron replied the forms were turned in for 74 separate building permits that have since expired because no field inspection was called in and no field verification form was submitted. He stated he agreed to accept the forms now because, at the time the permits were originally issued, the Building Department was still accepting field verification forms. He stated his staff will ensure the accuracy of the forms; however, he cannot guarantee the projects met Code standards that applied at the time given the lack of field inspections. Richards asked Mr. Henrichsen if he has records of his email and text conversations on various issues over time as they were not included in the packet. Mr. Henrichsen replied in the affirmative and stated he did not include anything in the appeal packet as he assumed submitting the field verification forms and following procedures moving forward would suffice. Richards asked Mr. Henrichsen if he has documentation of the soils engineer inspections for the Ross Drive project. Mr. Henrichsen replied in the affirmative and stated it was turned into the Building Department. Richards asked Mr. Henrichsen whether he communicated the issues with meeting the 30-day timeframe to the Building Department. Mr. Henrichsen replied he did leave messages for Coldiron to tell him there was a delay; however, he was unable to talk to him. Richards asked if the use of text messaging is common between contractors and inspectors. Coldiron replied that is dependent on the relationship between the contractor and the inspector, and they can be commonly used. He noted all inspectors have City-issued cell phones. Richards asked if the City keeps records of text messages as part of permit documents. Coldiron replied text messages could be requested as part of public record; however, they are not kept as part of the permit record. He stated emails are part of the permit record; however, he did not include them in the packet as he did not feel they would add value to the discussion. Guin clarified the text messages and emails that have been discussed are not present in the room and stated the Commission needs to make its decision based on the information that has been presented either orally or in the packet. If members determine information needed to make a decision is lacking, there are options the Commission could utilize. He reminded the Commission the temporary license suspension expires today. Teplitsky asked if it would be an option to continue the license suspension but allow the applicant to come back at a future date and present additional information. Guin replied in the affirmative. Teplisky asked about the December 2nd meeting during which the opportunity was granted to correct the issues and whether the violations reported by the Engineering Department were related to the Ross Drive project. Mr. Henrichsen replied that incident was related to a building manhole and there was a miscommunication issue. Coldiron replied the right-of-way violations reported by the Engineering Department were related to the Ross Drive project. He stated the improper slope was identified on private property, which is why the inspector failed the project and notified Northern Colorado Plumbing that a reinspection would be necessary to verify the proper slope was achieved. After that inspection was performed, it appears the contractor extended the scope of work into the right-of-way to be able to get the proper slope, and did so without the appropriate permits. Mr. Henrichsen stated he was unaware the area was in the right-of-way. DRAFTITEM 1, ATTACHMENT 1 Packet Pg. 7 City of Fort Collins Page 5 February 23, 2023 Teplitsky asked if the permit requirement for the manhole in the right-of-way would be a design by a licensed plumbing engineer. Coldiron replied any work in the right-of-way would have required a separate permit through the Engineering Department and at the time when the work was performed, Mr. Henrichsen no longer held a license for being able to work in the right-of-way so he was unable to obtain any permitting. Teplitsky asked if the Building Department would have approved the permit if Mr. Henrichsen would have explained the proper fix for the issue would have been to enter the right-of-way at the December 2nd meeting. Coldiron replied the Building Department would not have had the authority to approve or disapprove that specific permit, but would have communicated with the Engineering Department. He stated he is unsure what the Engineering Department would have allowed given the license was suspended at the time. Teplitsky asked if the statement that staff found no progress had been made as of the January 2nd inspections is still accurate, or if it is more accurate to state that progress had been made, but in violation of City Code. Coldiron replied the latter could be fair to say and noted the work was done outside of the Building Services scope; therefore, progress was made as a whole, however, not in terms of the specifics of what was discussed at the December 2nd meeting. Zimmerman asked if the trench was refilled prior to December 2nd. Mr. Henrichsen replied in the affirmative. Zimmerman asked if the December 2nd meeting was held because the trench was refilled, and an inspection was not requested. Mr. Henrichsen replied he documented the backfill with photos and videos, which in his history had been sufficient. Coldiron Stated the Ross Drive situation caused him to dig into Northern Colorado Plumbing and Drain’s track record a bit more, during which time he verified a multitude of building violations that were active and existing. He stated he would generally have tried to find a solution if the Ross Drive violation was the only issue and the December 2nd meeting was the result of more investigation into the company, its violations, and its relationship with the Building Department. He stated the result of the meeting was to direct the company and Mr. Henrichsen to correct any of the violations that were active from the year of 2022, including Ross Drive, within the 30 days. He reiterated the Ross Drive timeline: the permit was issued November 2nd, the first inspection was on November 8th during which time the improper slope was verified and the inspector made it clear to Mr. Henrichsen that photos and videos were not sufficient and the site would need to be dug up to allow for a proper inspection. Teplitsky requested additional detail regarding how the workman’s compensation insurance issue affected the ability of the company to complete its work. Carissa Suderland, Mr. Henrichsen’s apprentice, outlined her communication with the City regarding the workman’s compensation insurance which occurred between December 2nd and January 2nd. Chair Cram stated he believes the license revocation should remain until the next meeting to allow time for the written evidence to be presented. Teplitsky concurred and stated most of the information received to this point seems to be circumstantial. Chair Cram made a motion, based on staff’s report, analysis, and recommendation, and the evidence and testimony presented today, February 23, 2023, that the Chief Building Official’s determination to issue a 45-day suspension of the license be approved and to continue this hearing on suspension and the request for revocation of the license to the next Building Review Commission hearing on March 30th, 2023, and that the suspension of the Mr. Henrichsen and Norther Colorado Plumbing and Drain’s license shall remain in force until that date. Additionally, Mr. Henrichsen will have the opportunity to present his full response to the Chief Building Officials’ recommendation for revocation at the March 30th hearing and any associated documentation should be submitted in advance of the hearing, no later than March 21st, per staff’s recommendation. Richards seconded. The motion passed 4-0. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) 4. OFFICER ELECTIONS Richards asked Chair Cram if he would consider being Chair for the upcoming year. Chair Cram replied in the affirmative. Richards made a motion to nominate Alan Cram as Chair. Zimmerman seconded. The motion passed 4-0. Chair Cram made a motion to nominate Eric Richards as Vice Chair. Teplitsky seconded. The motion passed 4-0. DRAFTITEM 1, ATTACHMENT 1 Packet Pg. 8 City of Fort Collins Page 6 February 23, 2023 • OTHER BUSINESS 5. INTRODUCTION OF CHRIS HAYES, CAO Aaron Guin, City Attorney’s Office, introduced Chris Hayes, a new Assistant City Attorney who will be working with Building Services, Zoning, the Building Review Commission, and the Land Use Review Commission, among other responsibilities. Chair Cram noted there is a vacancy on the Commission and asked other members to reach out to individuals who may be interested in applying. • ADJOURNMENT Chair Cram adjourned the meeting at 11:24 a.m. Minutes prepared by TriPoint Data and respectfully submitted by Melissa Matsunaka. Minutes approved by a vote of the Commission on _________________________________ ______________________________ Marcus Coldiron, Chief Building Official Alan Cram, Chair DRAFTITEM 1, ATTACHMENT 1 Packet Pg. 9 Agenda Item 2 Item 2, Page 1 STAFF REPORT March 30, 2023 Building Review Commission STAFF Shar Manno Marcus Coldiron SUBJECT SECONDARY ONE-TIME LICENSING VARIANCE REQUEST EXECUTIVE SUMMARY Mr. Kidder of Colorado Woodworks is requesting a secondary one-time licensing variance approval to build a groung level deck/platform which falls to a higher, commercial classificiation, licensing level. BACKGROUND Mr. Kidder (George) currently holds a Class D1 license and supervisor’s certificate. The D1 license and supervisor’s certificate authorizes the consturction, demolision, or deconstruction of any building or structure in the City classified by the building code as Group R, Division 3 occupancy housing not more than two (2) dwelling untis, or a Group U, Division 1 occupancy or townhouse as regulated by the International Residential Code, including all work authorized by residential license types below this level. The license currently held went into affect on August 26, 2003, at that time the testing was administered through the Building Department covering the 1997 Uniform Building Codes (UBC) and Amendments. Since inception, Colorado Woodworks has received one violation, a stop work order for compelting work without first obtaining a permit. This violation was issued on April 26, 2004. Neither the license or supervisor’s certificate have been in an expired status requiring reinstatement, and George did attend the 2009 recertification class, covering local building code amendments, on April 20, 2011. On August 21, 2018, George requested a “one-time” approval to build a set of bleachers for Triple Crown Properties, LLLP, under Class D1 license and supervisor’s certificate. It was granted by then Chief Building Official (CBO) Hovland. Application for a building permit was subbmitted on September 7, 2018 and was issued on February 1, 2019. The permit passed final building inspection and finaled on February 27, 2019. The project consisted of the building of an 1,800 sq. ft. set of bleachers for an outdoor softball field. A copy of the one-time approval, conceptual plans, permit, and photo of compelted bleachers has been included in your packet for this item. This new request is to complete a secondary platform/deck for Triple Crown Properties, LLLP and will be roughly 1,000 sq. ft., on concrete piers and like wood material. To complete commercial projects under Article V, Section 15 Contractors, a contractor would need to request and be granted a Class C1(DR) license and supervisor’s certificate. To qualify for C1(DR) license classification, the individual must have acted principally in the role of supervisor for the significant structural repair construction on three buildings of Type III, IV, or V construction. The requirements include testing through the International Code Council (ICC), listed as G12, covering the 2018 code year and submit three project verifications of Packet Pg. 10 Agenda Item 2 Item 2, Page 2 completed projects for the level of license being requested, as well as the remainder of items to complete the application packet. The G12 testing covers both international residential and commercial codes and the concrete manual based on the 2021 IBC and ACI 318-19, whereas the testing on file for George covers residential codes and is of an older version, as stated above, the 1997 UBC. Code sections relevant: Section 15-157 – Supervisor certificate; fee; examination; renewals Section 15-158 – Applications; review; issuance Section 15-159(a)(6) – Minimum Experience requirements Section 15-160(a)(6) – License classifications; fee; renewal RECOMMENDATION Staff recommends denial of this request based missing requirements as stated in Article V, Section 15 contractors and the previous one-time request as history of completing commercial projects of this nature to fully qualify. If the Commission agrees with the recommendation, the Commission may pass a motion to require the appellant to provide a completed request for a Class C1(DR) license and superviosr’s certifcate to include a passing G12 ICC testing certificate and provide three (3) project verifications that meet the requirement for completed projects meeting the C1(DR) project verification requirement. If the Commission disagrees with the recommendation, the Commission may pass a motion to allow the issuance of a permit without first completing licensing for a Class C1(DR) license and supervior’s certificate. ATTACHMENTS 1. Appeal form 2. Plan set for previous and new platform/deck 3. 2018 request for one-time licensing variance 4. Approval of one-time request for licensing variance 5. Photo of completed project as a result of approved variance 6. Issued building permit for one-time variance 7. Colorado Woodworks project listing since license inception Packet Pg. 11 Cityof Fort Collins Contractor Licensing 281 N College Ave. P.O. Box 580 Fort Collins, CO 80524Phone 970-416-2740 Fax 970-224-6134 www.fcgov.com/nbs/contractor.php BUILDING REVI_EW BOARD APPEAL FORM Action Requested: D Exam Waiver D License approval ( denied by staff) � icense Upgrade <.to' Other ____________ _ Description of request/problem and other mitigating factors (attach additional information and/or materials): __ tt, r� �J,ez:;, &u..),,;Y1�7?0/f/ The fee to appeal to the Building Review Board is $50 Appellant may appear in person, in writing, or by agent and should be prepared to present all relevant details, or other evidence in support of this hearing request at the hearing time indicated below. Regular meetings are scheduled for the last Thursday of each month at 9:00 a.m. in the Council Chambers at 300 LaPorte Avenue. Applications must be filed one month prior to the desired hearing date to ensure consideration. OFFICE USE ONLY Hearing Date _____________ _Hearing Time __________ _ Reviewed by _______________________________ _ Distribution: Original -Appellant, Copy - File March 30, 2023 9:00am Marcus Coldiron, Chief Building Official PAID - Check #2043, 02-28-2023, MM Kidder Enterprises LTD DBA Colorado Woodworks DocuSign Envelope ID: 86F2A1EF-EE1D-4FFF-9FD3-8AB2BC88B0EA ITEM 2, ATTACHMENT 1 Packet Pg. 12 ITEM 2, ATTACHMENT 1 Packet Pg. 13 ITEM 2, ATTACHMENT 2 Packet Pg. 14 ITEM 2, ATTACHMENT 2 Packet Pg. 15 ITEM 2, ATTACHMENT 3 Packet Pg. 16 ITEM 2, ATTACHMENT 4 Packet Pg. 17 ITEM 2, ATTACHMENT 5 Packet Pg. 18 Community Development & Neighborhood Services 281 N. College Ave Fort Collins, CO 80522 970.221.6760 970.224.6134 - fax Building Permit #: Site Address:3902 AUTOMATION WAY Job Valuation:$50,000.00 Permit Type: New Com, Ind or Mixed-Use Building Category:Public Facilities Completed: B1807632 03/07/2019 TRIPLE CROWN PROPERTIES LLLP 3930 AUTOMATION WAY FORT COLLINS, CO 80525 Owner:970-481-3400Phone: Zoning: Legal: Plat File #:ZBA Case #:Minor Amend #: Zoning District:E - EMPLOYMENT DISTRICT Subdivision/PUD:Lot #:1 Block #: MA180065 Code:0 1800 V-B1 No A-5 Filing #: Front Setback:Rear Setback:Right Setback:Left Setback: Res sq ft:Com sq ft:Ind sq ft:Basement sq ft: # of Stories:Occ Group:Const Type: Fire Sprklr:Stock plan #:Stock plan options: Contractor:License #:D-498 Phone:970-225-0458 COLORADO WOODWORKS 6641 HIDDEN SPRINGS ROAD FORT COLLINS, CO 80526 Supervisor Cert #:1482 Subcontractor(s):License Number: GEORGE KIDDERJob Contact: Work Description: 2/1/19 resubmittal rcvd. Revision to stairs. Construction of 1800 sq. ft. to include bleachers for outdoor softball field. Job Contact: George Kidder 970-566-1431 SCHEDULE INSPECTIONS: **via Text Message: 888-406-6394 **By Phone: 970-221-6769 Online Portal: fcgov.com/CitizenAccess Possible Inspections Required: 205 100 101 102 105 104 201 200 202 204 207 301 300 302 103 401 203 303 400 206 402 As a condition for the issuance of a permit, I hereby declare that I am the owner or owner's agent, authorized to perform the proposed work on the property described herein. I agree to comply with all the requirements contained herein, and City ordinances, and State laws associated with such work. I understand that such permit may be revoked in the event that issuance was based on incorrect information. This permit shall become null and void if the work authorized by such permit is not commenced, suspended, abandoned or not inspected within 180 days from the date of such permit. Date:Print Name:Signature: ***Fee Detail Displayed on Next Page TOTAL FEES PAID AS OF 3/21/2023: 5,205.21 Form Revised July 2021 ITEM 2, ATTACHMENT 6 Packet Pg. 19 Community Development & Neighborhood Services 281 N. College Ave Fort Collins, CO 80522 970.221.6760 970.224.6134 - fax Building Permit #: Site Address:3902 AUTOMATION WAY Job Valuation:$50,000.00 Permit Type: New Com, Ind or Mixed-Use Building Category:Public Facilities Completed: B1807632 03/07/2019 Transactions: Method Ref Number Date Paid Amount Paid Comments Check 1441 09/07/2018 $334.43 Check 1459 12/12/2018 $4,870.78 Total Paid to Date:$5,205.21 Description Fee Amount Amount Paid Date Paid Amount Due Building Permit Fee w/Subs $694.58 $694.58 12/12/2018 $0.00 City Sales/Use Tax $962.50 $962.50 12/12/2018 $0.00 County Sales/Use Tax $137.50 $137.50 12/12/2018 $0.00 Fire Capital Exp. (Com)$716.40 $716.40 12/12/2018 $0.00 General Govt. Capt. Exp. (Com)$1,958.40 $1,958.40 12/12/2018 $0.00 Plan Check Fee $334.43 $334.43 09/07/2018 $0.00 Police Capital Exp. (Com)$401.40 $401.40 12/12/2018 $0.00 $0.00$5,205.21 $5,205.21TOTAL FEES: $0.00TOTAL BALANCE DUE AS OF 3/21/2023 : Fee amounts are valid for date of this document only. Fees subject to change without notice. Form Revised July 2021 ITEM 2, ATTACHMENT 6 Packet Pg. 20 Case #Case Type Case Status Status Date Street #Street Name Suffix Owner Entered Date B2301095 Deck Routed for Review 3/15/2023 4808 REGENCY DR PATTERSON SYLVIA D/JOHN KENNETH 2/16/2023 B2109216 Deck Completed 12/17/2021 706 TYLER ST CARROLL RICHARD E 11/16/2021 B2104389 Deck Withdrawn 6/21/2021 2519 MCKEAG CT BLUMSTEIN HOWARD I 6/9/2021 B2011662 Storage Shed Completed 11/18/2020 4227 MESAVIEW CT GLOVER EARL L/KECIA R 10/15/2020 B2010025 Patio Cover Completed 10/14/2020 4227 MESAVIEW CT GLOVER EARL L/KECIA R 9/3/2020 B2008722 Deck Completed 9/4/2020 2819 DUNDEE CT NOURI JOSEPH M/STACI A 8/3/2020 B1916423 Deck Completed 2/3/2020 2948 GARRETT DR LINDSTROM DAVID H/MARGARET W 12/3/2019 B1912395 Deck Completed 12/9/2019 2960 SKIMMERHORN ST ODANIEL ROMY D/VICTORIA L 9/30/2019 B1911877 Deck Completed 11/27/2019 5413 FOSSIL CT BRENCKLE DOROTHY L 9/24/2019 B1903815 Deck Completed 7/10/2019 7244 RANGER DR ADAMS RYAN E/SEWIT A 5/30/2019 B1901449 Patio Cover Completed 5/8/2019 2513 HOLLINGBOURNE DR DOENGES JUDITH ANN 3/11/2019 B1809848 Deck Completed 9/27/2021 1256 BUFFALOBERRY CT OREILLY LINDA J 11/8/2018 B1807632 Commercial New Com-Ind-Mixed-Use BuildingCompleted 3/7/2019 3902 AUTOMATION WAY TRIPLE CROWN PROPERTIES LLLP 9/7/2018 B1804223 Deck Completed 11/9/2018 713 HINSDALE DR John Balza 6/6/2018 B1706254 Residential General Alteration Completed 12/19/2017 7250 RANGER DR FOSTER WILLIAM H III/AMBER 10/6/2017 B1703781 Patio Cover Completed 12/19/2017 1502 FORRESTAL DR GAIENNIE TRUST 7/11/2017 B1702962 Residential Addition Completed 11/20/2017 2024 EVERGREEN DR OBERTO JOE R/KENDALL N 6/5/2017 B1606277 Deck Completed 1/24/2017 2813 ZENDT DR KELLY HELEN E 10/19/2016 B1605295 Deck Completed 10/19/2016 2845 CANBY WAY BRITTINGHAM LES A/LINDA L 9/13/2016 B1604434 Residential Minor Alteration Completed 9/6/2016 1607 SILVERGATE RD WHITE STEVE W/LORI S REVOCBLE TRUST 8/1/2016 B1603850 Deck Completed 8/9/2016 1607 SILVERGATE RD WHITE STEVE W/LORI S REVOCBLE TRUST 7/8/2016 B1508343 Deck Completed 12/15/2015 1400 TWIN OAK CT BERGER BRUCE E/FRANCESCA P 11/23/2015 CL150554 Misc - Contractor Licensing 7/27/2015 7/27/2015 B1404374 Deck Completed 11/7/2014 1929 LARKSPUR DR CLINE JOHN ROBERT 7/24/2014 B1404371 Deck Completed 12/16/2014 2936 GARRETT DR ERICKSON ROY JOE/JOANN 7/24/2014 B1402969 Patio Cover Completed 12/16/2014 3320 MUSKRAT CREEK DR YOUNG RUSSELL M/SHEILA M 6/13/2014 B1306743 Residential Basement Finish Completed 4/3/2014 2403 DALLAS CREEK CT THOMAS JOHN R/SHARON K 12/30/2013 CL130488 Misc - Contractor Licensing 8/12/2013 8/12/2013 B1302093 Deck Completed 6/28/2013 5313 FAIRWAY SIX DR CLARK KENNETH JR 5/7/2013 B1203027 Residential Minor Alteration Completed 6/8/2012 715 ROMA VALLEY DR CHAPIN SEAN 5/21/2012 CL110894 Misc - Contractor Licensing 9/13/2011 9/13/2011 B1106772 Deck Completed 12/14/2011 5550 WEEPING WAY GHENT, KATHRYN M 9/13/2011 CL110267 Misc - Contractor Licensing 3/8/2011 B1006420 Deck Completed 11/5/2010 5207 WISTERIA CT VO-BA, NANCY OLSON/HAI 10/7/2010 B1005647 Patio Cover Completed 11/8/2010 313 DERRY DR MARTINE, MELISSA M/RYAN D 9/2/2010 B1001751 Deck Completed 6/14/2010 1506 HASTINGS DR ROMANO, PATRICIA A 4/2/2010 B0905907 Residential Addition Completed 1/3/2011 504 SMITH ST MEYER, GENE M 9/23/2009 B0904589 Misc - Contractor Licensing 8/5/2009 B0901748 Deck Completed 5/6/2009 646 SMITH ST KASSER, JEFFREY L 3/30/2009 ITEM 2, ATTACHMENT 7 Packet Pg. 21 B0806761 Patio Cover Completed 12/23/2008 3012 INDIGO CIR CROFT, ROBERTA V/THOMAS M 11/4/2008 B0805715 Deck Completed 11/28/2008 430 ALBION WAY HAMILTON, BRADLEY W 9/19/2008 B0804627 Patio Cover Completed 9/18/2008 627 ROMA VALLEY DR TYLER, KURT S 8/1/2008 B0707385 Deck Completed 12/6/2007 2419 NEWPORT CT SCHELL, PAMELA G 10/30/2007 B0706342 Deck Completed 10/23/2007 615 ROMA VALLEY DR BEAUDREAU, THOMAS A 9/17/2007 B0705186 Misc - Contractor Licensing Completed 8/3/2007 8/3/2007 B0702755 Deck Completed 6/19/2007 2930 GARRETT DR WOLFE, ROGER A 5/4/2007 B0702257 Deck Completed 6/8/2007 337 SATURN DR SERBY, BRUCE M/JUDY E 4/13/2007 B0603285 Patio Cover Completed 8/29/2006 721 DEARBORN ST BONET, BRIAN 7/5/2006 B0505793 Deck Completed 11/23/2005 3007 DUNBAR AVE ORTH, JOSEPH 10/5/2005 B0505756 Deck Completed 10/26/2005 2700 STAGECOACH CT DINKEY, MARYANNE F 10/3/2005 B0505529 Patio Cover Completed 10/6/2005 6921 SAINT THOMAS DR TROUP, TIMOTHY P/LUCY J 9/22/2005 B0504855 Patio Cover Completed 10/13/2005 2639 STONEHAVEN DR OVERMYER, PAUL 8/26/2005 BF0501241Misc - Contractor Licensing Completed 8/3/2005 8/3/2005 B0501932 Deck Completed 7/18/2005 1217 VILLAGE LN ERVIN, ARDITH ANN 4/27/2005 B0501931 Deck Completed 6/13/2005 805 PARKVIEW DR OVERMYER, DANIEL R 4/27/2005 BF0500368Misc - Contractor Licensing Completed 3/22/2005 3/22/2005 B0405863 Deck Completed 11/8/2004 4960 DAKOTA DR HAMILTON, MICHAEL T 9/16/2004 B0405251 Deck Completed 9/20/2004 1953 PROMENADE WAY MILNER, JAN 8/16/2004 B0405022 Residential Basement Finish Completed 10/26/2004 2403 DALLAS CREEK CT THOMAS, JOHN 8/4/2004 B0401869 Residential Addition Completed 7/6/2004 2020 EVERGREEN CT MUCKLOW, SLYVIA M 4/5/2004 B0401026 Residential Basement Finish Completed 3/15/2004 6619 HOLYOKE CT CLARK, ROBERT A/CAROLE J 3/1/2004 B0401025 Patio Cover Withdrawn 3/2/2004 6619 HOLYOKE CT CLARK, ROBERT A/CAROLE J 3/1/2004 B0307031 Residential Basement Finish Completed 12/8/2003 2509 PHANTOM CREEK CT LANG, TOM 10/27/2003 BF0301518Misc - Contractor Licensing Completed 8/26/2003 8/26/2003 B0305508 Deck Completed 9/16/2003 3538 CONEFLOWER DR LYNCH, DENNY 8/19/2003 ITEM 2, ATTACHMENT 7 Packet Pg. 22 Agenda Item 3 Item 3, Page 1 STAFF REPORT March 30, 2023 Building Review Commission STAFF Shar Manno Marcus Coldiron SUBJECT NEW LIMITED LICENSE REQUESTS WITHOUT EXAM EXECUTIVE SUMMARY Staff is requesting that the Chief Building Official (CBO) have the ability to provided limited classification licensing without requiring an exam. BACKGROUND Currently all licensing with the exception of classifications listed in the below exempt list, require International Code Council (ICC) testing regardless of what the scope of work is and the only type of work completed by a contractor. For instance, flag poles, large rack systems, or utility light poles. Testing exempt licensing classifications: - Awnings - Demolition - Fire Alarms - Fireplace - Fire Sprinkler Systems - Signs - Flammable Fuel Facilities - Wireless Telecommunication Systems What this means is that is that in order to be granted approval for a contractor’s license to erect a 30’ flag pole, the applicant would need to apply for a Class C1 license and supervisor’s certificate, submit an ICC testing certificate of a passing G12, and provide three project verifications for full commercial builds (from nothing to certificate of occupancy (CO)) of buildings up to 3-stories and/or 20,000 sq. ft. For companies that are limited in their scope of work, testing and project verifications could and would be unattainable due to the nature of the ICC testing and the limited scope of work. Staff is requesting that the Chief Building Offical have the ability to determine and approve limited general contractor licensing and supervisor certificates based on provided project verifications provided at application for licensing without meeting the ICC testing requirement. The three (3) project verifications required must cover the limited and specific scope of work performed by the contractor. What this looks like is a Class C1(Ltd.) – Flag Poles or Class B(Ltd.) – Utility Light Poles. A condition notice would be placed on the license and supervior’s certifcate notifying the permit technicians of the only scope of work that can be completed by the general contractor. This limited classification would not apply to specialized trades or exempt specialized trades. Packet Pg. 23 Agenda Item 3 Item 3, Page 2 Currently we have contractors requesting licensing that falls outside of our licensing classifications due to the limitied nature of their work. - The Rack Pros, would like to erect large, Home Depot style racking systems - Custom Flag Company – would like to erect 30’ (+) flage poles Currently, limited licensing is completed for other such contractors in the instance their scope of work is limited to a specific scope of work, such as egress windows. However, due to the nature and scope of work to be complete, we do require the ICC testing specified in Chapter 15, Article V, Sction 15-157 Supervisor Certificate; fees; examinations; renewal and verified project verifications. RECOMMENDATION If the Commission agrees, the Commission may pass a motion to allow the Chief Building Official to grant limitied licensing and superviory certificates without required testing only in intances wherein testing would not be attainable due to the limited scope of work. If the Commission disagrees, the Commission may pass a motion that does not allow any type of limited licensing issuance unless in instances wherein the scope of work modifies a structure and would normally require testing, such as egress windows and other like instances. All licensing requirements remain intact and the license is limited to a specific scope of work. ATTACHMENTS Packet Pg. 24 Agenda Item 4 Item 4, Page 1 STAFF REPORT March 30, 2023 Building Review Commission STAFF Marcus Coldiron - Chief Building Official, City of Fort Collins Damien Wilson - Lead Building Inspector, City of Fort Collins SUBJECT SECOND HEARING: SUSPENSION AND REVOCATION OF LICENSE: NORTHERN COLORADO PLUMBING AND DRAIN EXECUTIVE SUMMARY The purpose of this item is for the Building Review Commission to consider the Chief Building Official’s recommendation of revocation of the contractor license of Northern Colorado Plumbing and Drain (NCPD) with the City of Fort Collins. This item was first heard by the Commission on February 23, 2023. After presentation by the Chief Building Official and NCPD’s representative, the Commission decided to allow NCPD additional time to respond to the Chief Building Official’s recommendation of revocation. The Commission extend the initial 45-day suspension of NCPD’s license until the Commission’s next hearing date, which is March 30, 2023. BACKGROUND NCPD has a documented history of violations of the City’s Building Code, Prior to the events leading to this enforcement action, NCPD’s license was suspended on two occasions in 2014 and 2016. Recent events at 2929 Ross Drive led to an investigation into NCPD’s license. During that investigation, NCPD requested that 80 permits be reissued and submitted dozens of field verification forms relating to permits dating back months or years. These forms—all dated in 2022 or 2023—appear to show that during the years of 2009 and 2021, NCPD failed to comply with the terms of 73 different permits. The following summaries will provide timelines and status updates for all identified suspensions and violations: Suspensions • 7/15/2014. Suspension imposed for permits that had expired due to lack of payments and not obtaining required inspections. • 6/15/2016. Suspension imposed for non-payment of permits and completing work without obtaining required building permits. • 1/9/2023. 45-day suspension imposed for non-payment of permits, completing work without a permit, not obtaining required inspections, working in the right of way with a suspended ROW license, and disregarding City Code and the safety of surrounding community members by leaving an open sewage leak in direct proximity to a residential development. Packet Pg. 25 Agenda Item 4 Item 4, Page 2 Notable violations • 2009-2021 – Documents provided by NCPD during the week of February 13, 2023, indicate that NCPD identified 73 unresolved violations due to either completing work without an inspection or failing to submit substitute field verification forms. Attachment #14 o 73 projects had building permits issued for various plumbing installations, including sewer repair/replacements and waterline repair/replacements. o NCPD requested that 80 expired building permits be re-issued including 73 from 2009-2021 and the 7 violations identified in 2022. Additionally, NCPD provided staff with 73 after-the-fact field verification forms. See attachment #13 for timeline. o Building Services staff currently is working through these to verify compliance. • 2022 – Staff identified seven violations of the Building Code by NCPD. Four violations are now resolved; however, three still are pending. Address Violation Current Status 422 Edwards St A building permit issued for replacing 3-5 feet of sewer was allowed to expire, and no required inspections were completed. Inspection scheduled and passed 2/7/23. 2632 Pasquinel Dr A building permit issued for replacing 60’ of water line was allowed to expire, and no required inspections were completed. Inspection scheduled 2/21/21 failed for missing electrical bond to new copper water pipe. No re-inspection has been scheduled. 1209 Briarwood Rd NCPD applied for a permit for replacing 25’ of sewer, but staff verified with the homeowner that the work was completed without an issued permit. Inspection scheduled and passed 2/21/23. 1808 Crestmore Pl A building permit issued for replacing 25’ of sewer was allowed to expire, and no required inspections were completed. No inspection has been scheduled. 3711 Richmond Dr NCPD applied for a permit for replacing 60’ of water line, but staff verified with the homeowner that the work was completed without an issued permit. Inspection scheduled and passed 2/22/23. 817 Whedbee St A building permit issued for installing clean outs was allowed to expire, and no required inspections were completed. Inspection cancelled on 2/21/23. No further inspections have been scheduled. 2929 Ross Dr See previous staff report Attachment #1 Arrowhead Services LLC, obtained a new building permit for the work performed by NCPD. Inspection scheduled and passed 1/23/23 Packet Pg. 26 Agenda Item 4 Item 4, Page 3 • NEW - 129 Frey Ave. o On March 13, 2023, Lead Building Inspector, Damien Wilson received notification from the City’s Engineering Department that NCPD may be engaging in work at 129 Frey Ave. o Damien Wilson contacted Anything Under Colorado Specialties (“AUCS”), a licensed right of way contractor, who confirmed that they met with NCPD on Saturday, March 11 to discuss a water line replacement. AUCS reported to Mr. Wilson that they were not the company that dug the trench or installed a temporary water line. o After a site visit on March 13, Damien verified that a trench was dug in the right of way and a temporary waterline had been installed, without a right of way permit or building permit having been properly issued. Attachment #11 o Investigation revealed that NCPD contacted AUCS to obtain a right of way permit and Covenant Plumbing and Heating, LLC, to obtain a building permit and complete the work that NCPD had already started, without proper licensing. o On 3/17/23 the City’s Engineering Department notified the building department that NCPD was on site, helping Covenant Plumbing and Heating with the remainder of the work. o Once on site, the CBO and Mr. Wilson observed NCPD actively performing plumbing work without a license. Attachment #12 o Covenant Plumbing and Heating then reported to Mr. Wilson that NCPD performed the initial dig, installation of the temporary water line, and had been helping them finish the project. Attached is a chart that provides a timeline – both prior to issuance of the 45-day suspension, and afterward. See attachment #13 Analysis Fort Collins Municipal Code Section 15-162(d) provides, in part: The Board shall have the power to suspend or revoke (or take disciplinary action on) any license or certificate when the Board determines that the holder thereof has committed any of the following: (1) Knowing or deliberate disregard of the building code or any other code adopted by the City related to a specific construction project under the responsibility of the supervisor or license holder; (2) Failure to comply with any provision of the code related to a specific construction project under the responsibility of the supervisor certificate holder or license holder; (3) Failure to comply with any lawful order of the Building Official; (4) Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate; (6) Failure to obtain any required permit for the work performed or to be performed; (7) Commitment of any act of negligence, incompetence or misconduct in the performance of the contractor’s specific trade which results in posing a threat to public health and safety; (8) Performance of work for which a license or supervisor certificate is required without a valid, current license or supervisor certificate. Based on its investigation and the information summarized above, the Chief Building Official recommends that NCPD’s contractor license be revoked for three main reasons, all of which relate to public safety. First, NCPD’s conduct, particularly at 2929 Ross Dr., demonstrates a deliberate disregard for the Building Code, and for the safety of surrounding members of the community the code is designed to protect. The Chief Building Official stands by its position presented in its original Staff Report submitted for the February 23. By failing to obtain a permit before beginning work on the trench (and the sewer line), NCPD disregarded the code and knowingly ran the risk of a sewage leak in direct proximity to a residential development. Packet Pg. 27 Agenda Item 4 Item 4, Page 4 Moreover, NCPD failed to take any action to correct the problem after it manifested into a serious issue. It was reported to Building Services by residents that, for months, what appeared to be sewage was allowed to seep into the soil surrounding the site where NCPD had been working, creating a nuisance and a potential hazard to the health of those living nearby. NCPD took no apparent action on its own to correct the situation. Only after a neighbor complained about the presence of an apparent leach field right next to a multi-unit residential structure and Building Services initiated an investigation did NCPD act. And even when NCPD did take action, it overlooked the requirements of the Building Code and closed the trench without undertaking the necessary investigation required by its permit and, further, it performed work in the right of way without a license. The additional 73 identified code violations between 2009 and 2021 and the most recent events that took place at 129 Frey Ave continue to demonstrate NCPD’s deliberate disregard for the Building Code. Second, NCPD failed to comply with the lawful order to rectify the circumstances it had created. After the meeting on December 2, 2022, NCPD was ordered to correct the violations noted above within thirty days. Thirty days passed, and no violations had been resolved. Furthermore, staff observed NCPD performing plumbing work in March 2023 during the current suspension of its license, which the Commission had extended through March 30 at the last hearing. Third, NCPD was negligent in allowing these circumstances to manifest—and in failing to correct them when they did so. The result was a threat to public health and safety. In this case, NCPD failed to comply with the building code and failed to obtain appropriate permits and inspections, as described above. NCPD’s conduct created a raw sewage spill in direct proximity to a multi-unit residential building. NCPD then failed to correct that spill for a period of months, leaving an open sewage line continuously draining into surrounding topsoil. The result of this conduct was an open sewage leak that persisted close to homes for a period of months, until the neighbors brought the problem to the attention of the Department and official action had to be taken. After that, NCPD still failed to correct the problem in compliance with the building code on two more occasions. Recommended Disposition – Revocation of NCPD’s contractor license with the City of Fort Collins NCPD has a documented history of code compliance problems and prior suspensions. At the end of 2022 the building department identified 80 active code violations committed by NCPD dating from 2009 through 2022. The issues described at 2929 Ross Drive are particularly severe and presented potential public health and safety hazards. City staff have worked diligently with NCPD to afford it the opportunity to correct the problems identified above, and to rectify the ongoing violations. Although NCPD has made progress in rectifying the violations identified, previous and current suspensions have not shown to be effective in sustained code compliance or a commitment to protect public health and safety from NCPD. Discovery of NCPD engaging in plumbing work during the suspension of its license also is a concern. Because of NCPD’s actions, the Building Department concludes that revoking NCPD’s license is in the best interest of the City of Fort Collins and its constituents. Staff recommends revocation of Northern Colorado Plumbing and Drain’s contractor license for a minimum of one year before NCPD can seek reissuance of a license by application, which must first be approved by the Commission. Packet Pg. 28 Agenda Item 4 Item 4, Page 5 Attachments 1. February hearing staff report 2. Lead Building Inspector/NCPD email #1 3. Lead Building Inspector/NCPD email #2 4. Lead Building Inspector/NCPD texts 5. CBO/NCPD email 6. City Engineering department notification email to CBO 7. Open trench/sewage picture 8. Larimer County Health Department email 9. NCPD request for 80 expired permits to be re-issued 10. NCPD’s Notice of Suspension 11. 129 Frey- temporary water line picture 12. 129 Frey- NCPD truck picture 13. Timeline 14. Field verification forms Packet Pg. 29 Agenda Item 3 Item 3, Page 1 STAFF REPORT February 23, 2023 Building Review Commission STAFF Marcus Coldiron—Chief Building Official, City of Fort Collins SUBJECT SUSPENSION AND REVOCATION OF LICENSE: NORTHERN COLORADO PLUMBING AND DRAIN EXECUTIVE SUMMARY The purpose of this item is twofold. First, this is to notify the Commission of a 45-day interim suspension imposed on Mr. Rodney Henrichsen and Northern Colorado Plumbing and Drain on January 9, 2023. Per Fort Collins Municipal Code section 15-162, that suspension is currently set to expire on February 23, 2023. Second, because of repeated violations of the City Code, multiple suspensions, and the severity of the most recent violations, staff recommends that the Commission revoke the contractor license of Northern Colorado Plumbing and Drain with the City of Fort Collins. BACKGROUND Licensee’s History of Suspensions, Citations, and other Code Compliance Issues On July 15, 2014, Northern Colorado Plumbing and Drain (“NCPD”) was suspended “until all past permits are paid for, issued and inspected.” On June 15, 2016, Northern Colorado Plumbing and Drain (“NCPD”) was sent a 30-day notice for “non- payment of permits [and] completing work without issued permits.” During the last several months, the Building Department has received several complaints that NCPD has not obtained building permits for work completed, and has not completed inspections under building permits. Apart from the one discussed in detail below, the Building Department discovered these violations for NCPD in 2022: B2200995 422 Edwards St A building permit issued for replacing 3-5 feet of sewer was allowed to expire, and no required inspections were completed. B2201851 2632 Pasquinel Dr A building permit issued for replacing 60’ of water line was allowed to expire, and no required inspections were completed. B2202530 1209 Briarwood Rd NCPD applied for a permit for replacing 25’ of sewer, but staff verified with the homeowner that the work was completed without an issued permit. B2203006 1808 Crestmore Pl A building permit issued for replacing 25’ of sewer was allowed to expire, and no required inspections were completed. B2203854 3711 Richmond Dr NCPD applied for a permit for replacing 60’ of water line, but staff verified with the homeowner that the work was completed without an issued permit. ITEM 4, ATTACHMENT 1 Packet Pg. 30 Agenda Item 3 Item 3, Page 2 B2204143 817 Whedbee St A building permit issued for installing clean outs was allowed to expire, and no required inspections were completed. 2929 Ross Dr. (2022)—NCPD Digs without a Permit, Exposing Raw Sewage Near Homes for Months. On November 1, 2022, Staff received and investigated a complaint by a resident at 2929 Ross Dr. regarding a serious situation and potential public health hazard caused by NCPD. A neighborhood resident alleged that a trench had been left open at 2929 Ross, exposing a broken sewer line and allowing sewage to continuously seep into the surrounding soil for a period of months. This essentially created an unplanned leach field right next to a multi-unit residential structure. The Building Department investigated. Upon arriving on site, a building inspector confirmed that a broken 4” sewer pipe was actively discharging sewage into an open trench. No building permit had been issued for this work. A stop work order was immediately posted on-site. On November 2, 2022, NCPD obtained a permit for this work, with an inspection to be performed on November 8, 2022. The inspection failed for improper slope of the sewer. However, following the failed inspection, NCPD simply proceeded to backfill the trench without obtaining any required additional inspections. Lead Building Inspector Damien Wilson instructed NCPD to expose the pipe again for re-inspection. In an apparent attempt to provide the proper slope for the sewer, NCPD later extended the trench into the City’s right of way and installed a new sewer service that stubbed out in a manhole before backfilling. NCPD’s right of way license had been suspended on September 6, 2022, however, prior to this work. Without a right of way license, NCPD could not pull a permit for—or perform—this work in the right of way. But it did so anyway. The Building Department concluded that NCPD’s actions at 2929 Ross Dr. violated the following provisions of the Fort Collins City Code: (1) Performing work on the trench without a building permit; Section 5-26 (2) Leaving the trench open and continuously draining sewage into the soil for a period of months; Section 5-46 (3) Backfilling the trench after a failed inspection, without passing a subsequent inspection; Section 5- 26 (4) Performing work in the right of way with a suspended right of way license. Section 23-16 2929 Ross Dr. (2022)—NCPD Commits to Fix the Problems in 30 Days, then Fails to Do So. I met with Rodney Henrichson of NCPD on December 2, 2022, to discuss the Building Department’s findings. At this meeting, Mr. Henrichson agreed that NCPD had made several mistakes. He asked for the opportunity to correct the violations. The Department agreed to allow NCPD thirty days from the date of the meeting to correct all violations at 2929 Ross Dr. and the addresses in violation from 2022, listed in the table above. On behalf of NCPD, Mr. Henrichson committed to rectifying all the violations identified above on or before January 1, 2023. The Department issued an order that NCPD correct the violations by that date. When the Department revisited these items on January 2, 2023, we found that no progress had been made. Around the same time, we were notified of additional negligence by engineering that NCPD had performed work in the right of way without a permit or appropriate license. On January 9, 2023, Mr. Henrichson and NCPD was served with a notice of interim suspension for multiple violations of City Code, in accordance with Section 15-162 (d). The interim suspension will expire on February 23, 2023. ITEM 4, ATTACHMENT 1 Packet Pg. 31 Agenda Item 3 Item 3, Page 3 Analysis Fort Collins Municipal Code Section 15-162(d) provides, in part: The Board shall have the power to suspend or revoke (or take disciplinary action on) any license or certificate when the Board determines that the holder thereof has committed any of the following: (1) Knowing or deliberate disregard of the building code or any other code adopted by the City related to a specific construction project under the responsibility of the supervisor or license holder; (2) Failure to comply with any provision of the code related to a specific construction project under the responsibility of the supervisor certificate holder or license holder; (3) Failure to comply with any lawful order of the Building Official; (4) Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate; (6) Failure to obtain any required permit for the work performed or to be performed; (7) Commitment of any act of negligence, incompetence or misconduct in the performance of the contractor’s specific trade which results in posing a threat to public health and safety; (8) Performance of work for which a license or supervisor certificate is required without a valid, current license or supervisor certificate. Based on its investigation and the information summarized above, the Chief Building Official recommends that NCPD’s contractor license be revoked for three main reasons, all of which relate to public safety. First, NCPD’s conduct on the 2929 Ross Dr. site shows a deliberate disregard for the building code, and for the safety of surrounding members of the community the code is designed to protect. See subsection (1), above. By failing to obtain a permit before beginning work on the trench (and the sewer line), NCPD disregarded the code and knowingly ran the risk of just this scenario—a catastrophic, open sewage leak in direct proximity to a residential development. Moreover, just as critically, NCPD failed to take any action to correct the problem after it manifested into a serious issue. For months, sewage was allowed to seep into the soil surrounding the site where NCPD had been working. This created an obvious nuisance and a potential hazard to the health of those living nearby. NCPD took no apparent action on its own to correct the situation. Only when a neighbor complained about the presence of an apparent leach field right next to a multi-unit residential structure and an investigation was launched did NCPD act. And even when it did, NCPD again chose to overlook the relevant provisions of the building code. It closed the trench without undertaking the necessary investigation required by its permit, and it performed work in the right of way with a suspended right of way license. Second, NCPD failed to comply with the lawful order to rectify the circumstances it had created. After the meeting on December 2, 2022, NCPD was ordered to correct the violations noted above within thirty days. Thirty days passed, and virtually no progress was made. NCPD made no attempts to communicate with the Department as to the progress of its efforts, or to explain any delays. It simply failed to comply with a lawful order. Third and finally, NCPD was negligent in allowing these circumstances to manifest—and in failing to correct them when they did so. The result was a threat to public health and safety. ITEM 4, ATTACHMENT 1 Packet Pg. 32 Agenda Item 3 Item 3, Page 4 In this case, NCPD failed to comply with the building code and failed to obtain appropriate permits and inspections, as described above. NCPD’s conduct created a raw sewage spill in direct proximity to a multi-unit residential building. NCPD then failed to correct that spill for a period of months, leaving an open sewage line continuously draining into surrounding topsoil. The result of this conduct was an open sewage leak that persisted close to homes for a period of months, until the neighbors brought the problem to the attention of the Department and official action had to be taken. After that, NCPD still failed to correct the problem in compliance with the building code on two more occasions. Recommended Disposition – Revocation of NCPD’s Contractor License with the City of Fort Collins NCPD has a documented history of code compliance problems and resulting previous suspensions. The issues described above as to the 2929 Ross Dr. site are particularly severe and give rise to a potential public health and safety hazard. City staff have worked diligently with NCPD to afford it the opportunity to correct the problems identified above, and to rectify the ongoing violations. Unfortunately, these efforts have been in vain. Despite considerable documented efforts from staff, the problems persist. Because of NCPD’s actions, the Building Department concludes that revoking NCPD’s license is in the best interest of the City of Fort Collins and its constituents. Accordingly, Staff recommends revocation of Northern Colorado Plumbing and Drain’s contractor license. Attachments 1. Notice of Suspension ITEM 4, ATTACHMENT 1 Packet Pg. 33 From:Northern Colorado Plumbing & Drain Service To:Marcus Coldiron Subject:[EXTERNAL] Fwd: Re: Video 2 Ross Drive Date:Monday, November 21, 2022 2:50:15 PM ---------- Forwarded message --------- From: Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> Date: Thu, Nov 10, 2022 at 8:50 AM Subject: Re: Re: Video 2 Ross Drive To: Damien Wilson <dwilson@fcgov.com> Will do, thank you.is there any company you r On Thu, Nov 10, 2022 at 7:56 AM Damien Wilson <dwilson@fcgov.com> wrote: Thank you for the update, we will still require a documented 3rd party compaction/soil test for this permit to be closed out. Damien Wilson Community Development & Neighborhood Services Lead Building Inspector O-(970)416-2342 C-(970)413-0680 dwilson@fcgov.com Customer Survey- https://bit.ly/36fQ8u4 From: Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> Sent: Wednesday, November 9, 2022 5:21 PM To: Damien Wilson <dwilson@fcgov.com> Subject: [EXTERNAL] Re: Video 2 Ross Drive Damien we are bringing in rock for great competition base than soil last three feet On these deep excavation that is the best and safe for compacting.. ITEM 4, ATTACHMENT 2 Packet Pg. 34 Thanks Rod On Wed, Nov 9, 2022, 1:57 PM Damien Wilson <dwilson@fcgov.com> wrote: Thank you for the pictures and videos, as you may know the inspector still noticed some negative slope on the building drain of 2929 Ross Bldg R which will need to be rectified before an inspection gets called in. A soil compaction report will still be required for this permit to be closed out. Damien Wilson Community Development & Neighborhood Services Lead Building Inspector O-(970)416-2342 C-(970)413-0680 dwilson@fcgov.com Customer Survey- https://bit.ly/36fQ8u4 From: Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> Sent: Wednesday, November 9, 2022 11:09 AM To: Damien Wilson <dwilson@fcgov.com> Subject: [EXTERNAL] Video 2 Ross Drive Video 2 is coming out of the building. The Existing building drain had low spots. -- PLEASE NOTE OUR MAILING AND BILLING ADDRESS HAS CHANGED TO Northern Colorado Plumbing & Drain 1281 E Magnolia St. Unit D113 ITEM 4, ATTACHMENT 2 Packet Pg. 35 Fort Collins, CO 80524 (970) 484-6273 -- PLEASE NOTE OUR MAILING AND BILLING ADDRESS HAS CHANGED TO Northern Colorado Plumbing & Drain 1281 E Magnolia St. Unit D113 Fort Collins, CO 80524 (970) 484-6273 -- PLEASE NOTE OUR MAILING AND BILLING ADDRESS HAS CHANGED TO Northern Colorado Plumbing & Drain 1281 E Magnolia St. Unit D113 Fort Collins, CO 80524 (970) 484-6273 ITEM 4, ATTACHMENT 2 Packet Pg. 36 From:Damien Wilson To:Marcus Coldiron Subject:FW: [EXTERNAL] Ross Dr Date:Friday, March 17, 2023 1:58:31 PM Damien Wilson Community Development & Neighborhood Services Lead Building Inspector O-(970)416-2342 C-(970)413-0680 dwilson@fcgov.com Customer Survey- https://bit.ly/36fQ8u4 From: Damien Wilson Sent: Thursday, November 17, 2022 3:32 PM To: Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> Subject: RE: [EXTERNAL] Ross Dr This will not work, we never gave you the approval to backfill this sewer line as the inspection had failed. Pictures and videos will not suffice for full sign off when it was clear on our inspection on 11/08 that negative slope at the building drain was still an issue. This will need to be exposed for us to inspect the slope and for permit sign off. The soil/compaction test is still required for the soils below the sewer line as was also requested multiple times. Damien Wilson Community Development & Neighborhood Services Lead Building Inspector O-(970)416-2342 C-(970)413-0680 dwilson@fcgov.com Customer Survey- https://bit.ly/36fQ8u4 From: Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> Sent: Thursday, November 17, 2022 3:14 PM To: Damien Wilson <dwilson@fcgov.com> Subject: [EXTERNAL] Ross Dr We also left 3 different size levels on the cement porch. We appreciate the concern. Thank you ITEM 4, ATTACHMENT 3 Packet Pg. 37 -- PLEASE NOTE OUR MAILING AND BILLING ADDRESS HAS CHANGED TO Northern Colorado Plumbing & Drain 1281 E Magnolia St. Unit D113 Fort Collins, CO 80524 (970) 484-6273 ITEM 4, ATTACHMENT 3 Packet Pg. 38 ITEM 4, ATTACHMENT 4 Packet Pg. 39 ITEM 4, ATTACHMENT 4 Packet Pg. 40 ITEM 4, ATTACHMENT 4 Packet Pg. 41 ITEM 4, ATTACHMENT 4 Packet Pg. 42 From:Marcus Coldiron To:Northern Colorado Plumbing & Drain Service Cc:Damien Wilson Subject:RE: [EXTERNAL] Re: Date:Wednesday, November 23, 2022 1:39:00 PM Attachments:image001.png Rod, After reviewing all materials and discussing the situation with involved parties, we will need to open the trench back up to confirm slope and compaction. The photos you have presented are not clear enough for me to be able to approve the slope. Additionally, I do not see pea gravel supporting the pipe as you mentioned over the phone. Due to the trench being open for months and the amount of erosion present before fixing the issue, visual inspection of the correct slope and verification of adequate compaction via testing is imperative and will be required. Please continue to work with Damien towards successful completion of this project. Have a great thanksgiving! Cheers, Marcus Coldiron Chief Building Official City of Fort Collins 281 N. College Avenue 970-416-2324 I mcoldiron@fcgov.com signature_942251713 From: Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> Sent: Tuesday, November 22, 2022 5:07 PM To: Marcus Coldiron <mcoldiron@fcgov.com> Subject: [EXTERNAL] Re: The cool thing is Marcus We followed out the scope of work to the T as we stated in our proposal to the association.. Toaly respect all of us of doing the right thing with the professional accountability for the love of our profession On Tue, Nov 22, 2022, 5:03 PM Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> wrote: No worries, thanks for the update! On Tue, Nov 22, 2022, 3:44 PM Marcus Coldiron <mcoldiron@fcgov.com> wrote: Hey Ron, I did receive the materials, the day slipped away from me, but I should be able to fully review and respond by tomorrow. Cheers, Marcus Coldiron Chief Building Official City of Fort Collins 281 N. College Avenue ITEM 4, ATTACHMENT 5 Packet Pg. 43 970-416-2324 I mcoldiron@fcgov.com From: Northern Colorado Plumbing & Drain Service <484ncpd@gmail.com> Sent: Tuesday, November 22, 2022 11:58 AM To: Marcus Coldiron <mcoldiron@fcgov.com> Subject: [EXTERNAL] Marcus, Hope your day is going well. I'm just following up to see if you received all the information you needed regarding Ross Dr . If you need anything else from me please let me know. Thank you -- PLEASE NOTE OUR MAILING AND BILLING ADDRESS HAS CHANGED TO Northern Colorado Plumbing & Drain 1281 E Magnolia St. Unit D113 Fort Collins, CO 80524 (970) 484-6273 ITEM 4, ATTACHMENT 5 Packet Pg. 44 From:Ken Zetye To:Ryan Boehle; Mike R. Valloric; Damien Wilson; Marcus Coldiron Subject:RE: NCDP & Ross Dr. Date:Tuesday, January 3, 2023 2:42:01 PM Attachments:image003.png image005.png The bond we have may be valid as written, but it would not surprise me if NCPD canceled the bonds they had with us when thye lost their license so if any work was to take place under those bonds the bond validity would have to be verified directly wit the bonding company. Ken Zetye Chief Construction Inspector – Construction Inspection Manager City of Fort Collins Engineering Department 970-416-8076 kzetye@fcgov.com From: Ryan Boehle <rboehle@fcgov.com> Sent: Tuesday, January 3, 2023 1:49 PM To: Mike R. Valloric <mvalloric@fcgov.com>; Damien Wilson <dwilson@fcgov.com>; Marcus Coldiron <mcoldiron@fcgov.com> Cc: Ken Zetye <kzetye@fcgov.com> Subject: RE: NCDP & Ross Dr. Hi Mike, NCPD does not have a valid ROW license after their suspension, which does mean that they cannot pull a excavation permit to complete work accessing a city utility even on private property. Their bond is technically active till I think June, but I would have to look to verify if needed, but even if still bonded their license has been suspended. Legally we can, even with an expired license take action to pull against their bonds from a previous damage while they were still licensed but I don’t think this would apply under these circumstances with no permit. To discuss any legal action we would need to speak with the city attornies at what rights we have for legal action. I hope this helps. Thanks, Ryan Boehle Senior Construction Inspector - Engineering City of Fort Collins Office:970-416-2906 Cell:970-568-6940 281 N. College Ave ITEM 4, ATTACHMENT 6 Packet Pg. 45 Fort Collins, CO 80522 rboehle@fcgov.com Please consider the environment before printing this e-mail. From: Mike R. Valloric <mvalloric@fcgov.com> Sent: Tuesday, January 3, 2023 1:08 PM To: Damien Wilson <dwilson@fcgov.com>; Marcus Coldiron <mcoldiron@fcgov.com> Cc: Ryan Boehle <rboehle@fcgov.com> Subject: RE: NCDP & Ross Dr. Also, Ryan – Correct me if I’m wrong but NCPD doesn’t have a valid ROW license and after talking to Ken since engineering is no longer keeping track of that then we don’t know what the starts of their utility Bond is as well. Mike From: Mike R. Valloric Sent: Tuesday, January 3, 2023 12:48 PM To: Damien Wilson <dwilson@fcgov.com>; Marcus Coldiron <mcoldiron@fcgov.com> Cc: Ryan Boehle <rboehle@fcgov.com> Subject: NCDP & Ross Dr. Afternoon, I just wanted to follow up with everyone about Ross Dr. and NCPD. The utilities was never contacted for the removal and install of a new sewer service that stubbed out in the manhole. When I showed up on site they did not have any trenching and someone was in the trench cleaning out around the clean outs. I asked Rod to stop so we could discuss everything that had happened on site. This is where I learned they didn’t have any valid locates to be working, the only locates that had been called were back in august. While Rod went to look for locate tickets his worked informed me that he had entered the manhole with out any confined space entry equipment/ safety monitors. When I asked Rod about it he said they were only in there for a second to put a camera in, but them later showed me a photo of someone down in the bottom of the manhole measuring the difference between the pipes. I asked Rod to send me photos of the outside of the manhole so I could see if it was properly sealed around the old and new services, I did not ever receive any photos. In talking with Andrew Gingerich we are not going to make him dig up the outside of the manhole ITEM 4, ATTACHMENT 6 Packet Pg. 46 so we can see it, but instead we are going to concrete and grout from the inside of the manhole to fix anything that needs sealed better. Typically when this work is preformed the contractor pulls a Excavation permit which I then see and set up a preconstruction meeting with. If this would have happened everything on our end would have been taken care of the firs time and we wouldn’t have to be going back to do anything to the manhole. I have talked to Rod and told him he doesn’t have to do anything to the manhole and we aren’t going to require him to dig it up again, but I did let him know that he would have to follow any direction the building department was giving him for the rest of the work. Please let me know if you need anything else Thanks, Mike Valloric CWP Senior Construction Inspector C: (970) 217-5093 mvalloric@fcgov.com Utilities Water Engineering & Field Services ITEM 4, ATTACHMENT 6 Packet Pg. 47 ITEM 4, ATTACHMENT 7 Packet Pg. 48 From:Damien Wilson To:Marcus Coldiron Subject:FW: [EXTERNAL] Re: Re: 2929 Ross Drive, R74 Date:Friday, January 6, 2023 2:40:24 PM Attachments:image001.png Here is one string of emails between LC, myself and other parties involved Damien Wilson Community Development & Neighborhood Services Lead Building Inspector O-(970)416-2342 C-(970)413-0680 dwilson@fcgov.com Customer Survey- https://bit.ly/36fQ8u4 From: Sydney McLeod <mcleodsg@co.larimer.co.us> Sent: Tuesday, November 1, 2022 3:10 PM To: Keila Flores-Burgos <floresky@co.larimer.co.us> Cc: Susan Strong <SSTRONG@fcgov.com>; spill <spill@fcgov.com>; Damien Wilson <dwilson@fcgov.com> Subject: [EXTERNAL] Re: Re: 2929 Ross Drive, R74 Damien will provide photos when he returns to the office as well as the HOA Manager contact information. On Tue, Nov 1, 2022 at 3:04 PM Sydney McLeod <mcleodsg@co.larimer.co.us> wrote: Damien indicated the affected townhomes are Building R, Units 68, 69, 70, 71, and 72, all with private owners. The HOA handles the management. This ongoing problem started in December of last year (according to one of the residents), had an issue in August, and now it has been leaking long enough that the ground is sinking. Damien indicated it will be a big repair. The contractor opened up the sewer line and left the large hole and the contractor told them the system was operational. Fort Collins Building is posting all 5 units now and issuing a Stop Work Order for unpermitted work on the sewer line fix. The sewer contractor: Northern Colorado Plumbing and Drain was hired by the HOA. On Tue, Nov 1, 2022 at 2:56 PM Sydney McLeod <mcleodsg@co.larimer.co.us> wrote: I am speaking to Damien now. There is a 4" pipe from 5 attached townhomes in 1 building R. It is definitely sewage and has pooled into a leach field. It is in fact, sewage. ITEM 4, ATTACHMENT 8 Packet Pg. 49 On Tue, Nov 1, 2022 at 2:54 PM Susan Strong <SSTRONG@fcgov.com> wrote: Errin spoke to our building department; I think they said it was sewage but let’s double check with her and ensure we are all on the same page. From: Keila Flores-Burgos <floresky@co.larimer.co.us> Sent: Tuesday, November 1, 2022 2:52 PM To: Sydney McLeod <mcleodsg@co.larimer.co.us> Cc: Susan Strong <SSTRONG@fcgov.com>; spill <spill@fcgov.com> Subject: [EXTERNAL] Re: 2929 Ross Drive, R74 Thanks, Sydney I was about to ask the same question. On Tue, Nov 1, 2022 at 2:51 PM Sydney McLeod <mcleodsg@co.larimer.co.us> wrote: Thank you, Susan. Keila will be following up with Errin. My main question is that this is in fact sewage and not a water line break. On Tue, Nov 1, 2022 at 1:12 PM Susan Strong <SSTRONG@fcgov.com> wrote: FYI – we found a 12’ deep hole where it looked like some repairs to a private line were being made. There was some water in the bottom of the hole, but no evidence of it being sewage and it was not clear what exactly was being done. No evidence of a threat to the stormwater system. We have contacted our building department to address the repairs, as applicable. Thanks, Susan Strong, CSM Sr. Environmental Regulatory Specialist City of Fort Collins Stormwater 970-631-3698 From: spill <spill@fcgov.com> Sent: Tuesday, November 1, 2022 11:53 AM To: Sydney McLeod <mcleodsg@co.larimer.co.us> Cc: Susan Strong <SSTRONG@fcgov.com>; Keila Flores-Burgos <floresky@co.larimer.co.us> Subject: Re: [EXTERNAL] 2929 Ross Drive, R74 ITEM 4, ATTACHMENT 8 Packet Pg. 50 Fort collins ERA is following up Thanks Errin Sent from my iPhone On Nov 1, 2022, at 10:06 AM, Sydney McLeod <mcleodsg@co.larimer.co.us> wrote: Good morning, We received a complaint about raw sewage surfacing from a broken pipe at the above mentioned address. I left a message on the daytime spill line. Please let me know that someone from Fort Collins will be following up. Thank you, Sydney -- Larimer County Sydney McLeod Sr. Environmental Health Specialist Department of Health and Environment, Solid / Hazardous Waste 1525 Blue Spruce Drive Fort Collins, 80524 | 2nd Floor W: (970) 498-6790 | M: (970) 556-5473 smcleod@larimer.org | www.larimer.org/health Privileged/Confidential Information may be contained in this message and any related attachments. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, review, distribute or forward the contents of this message to anyone. In such case, you should delete this message from your computer and kindly notify the sender by reply email. Thank you. -- Sydney McLeod ITEM 4, ATTACHMENT 8 Packet Pg. 51 Larimer County Sr. Environmental Health Specialist Department of Health and Environment, Solid / Hazardous Waste 1525 Blue Spruce Drive Fort Collins, 80524 | 2nd Floor W: (970) 498-6790 | M: (970) 556-5473 smcleod@larimer.org | www.larimer.org/health Privileged/Confidential Information may be contained in this message and any related attachments. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, review, distribute or forward the contents of this message to anyone. In such case, you should delete this message from your computer and kindly notify the sender by reply email. Thank you. -- Larimer County Keila Y Flores-Burgos Water Quality and Solid Waste Supervisor Department of Health & Environment 1525 Blue Spruce Dr., Fort Collins, CO, 80524 W: (970) 498-6763 | M: (970) 222-0721 kflores@larimer.org | www.larimer.org -- Larimer County Sydney McLeod Sr. Environmental Health Specialist Department of Health and Environment, Solid / Hazardous Waste 1525 Blue Spruce Drive Fort Collins, 80524 | 2nd Floor W: (970) 498-6790 | M: (970) 556-5473 smcleod@larimer.org | www.larimer.org/health ITEM 4, ATTACHMENT 8 Packet Pg. 52 Privileged/Confidential Information may be contained in this message and any related attachments. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, review, distribute or forward the contents of this message to anyone. In such case, you should delete this message from your computer and kindly notify the sender by reply email. Thank you. -- Larimer County Sydney McLeod Sr. Environmental Health Specialist Department of Health and Environment, Solid / Hazardous Waste 1525 Blue Spruce Drive Fort Collins, 80524 | 2nd Floor W: (970) 498-6790 | M: (970) 556-5473 smcleod@larimer.org | www.larimer.org/health Privileged/Confidential Information may be contained in this message and any related attachments. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, review, distribute or forward the contents of this message to anyone. In such case, you should delete this message from your computer and kindly notify the sender by reply email. Thank you. -- Larimer County Sydney McLeod Sr. Environmental Health Specialist Department of Health and Environment, Solid / Hazardous Waste 1525 Blue Spruce Drive Fort Collins, 80524 | 2nd Floor W: (970) 498-6790 | M: (970) 556-5473 smcleod@larimer.org | www.larimer.org/health Privileged/Confidential Information may be contained in this message and any related attachments. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, review, distribute or forward the contents of this message to anyone. In such case, you should delete this message from your computer and kindly notify the sender by reply email. Thank you. ITEM 4, ATTACHMENT 8 Packet Pg. 53 From:Rodney Henrichsen To:BuildingServices Cc:Marcus Coldiron Subject:[EXTERNAL] Re: Northern Colorado Plumbing Date:Monday, February 6, 2023 1:18:42 PM Thank you! On Mon, Feb 6, 2023 at 1:17 PM BuildingServices <buildingservices@fcgov.com> wrote: These are already being worked on by our team currently per the request of Marcus Coldiron. BUILDING SERVICES City of Fort Collins 281 N College Ave buildingservices@fcgov.com | 970-416-2740 Tell us about our service, we want to know! The City of Fort Collins is an organization that supports equity for all, leading with race. We acknowledge the role of local government in helping create systems of oppression and racism and are committed to dismantling those same systems in pursuit of racial justice. Learn more. From: Rodney Henrichsen <ncpdhs24@gmail.com> Sent: Monday, February 6, 2023 1:15 PM To: BuildingServices <buildingservices@fcgov.com> Subject: [EXTERNAL] Northern Colorado Plumbing B2204143, B2203006, B2201851, B2200995, B2104315, B2007372, B2003042, B1915500, B1910447, B1906867, B1904793, B1904545, B1904547, B1903104, B1901263, B1901264, B1810826, B1805955, B1804879, B1804878, B1803466, B1803469, B1801073, B1708851, B1708739, B1708717, B1708720, B1708719, B1708718, ,B1708716, B1708715, B1708714, B1707131, B1706458, B1705440, B1704337, B1704256, B1703225, B1701331, B1701330, B1700680, B1604779, B1604778, B1604777, B1604743, B1604744, B1412164, B1411298, B1400071, B1305988, B1305940, B1305930, B1305943, B1305936, B1305942, B1305796, B1304978, B1304209, B1304188, B1303586, B1303562, B1302996, B1302864, B1302488, B1302489, B1302383, B1301871, B1301870, B1300452, B1300162, B1300019, B1207154, B1206027, B1205865, B1109996, B1109200, B0907807, B0905298, B0706661, B135939 I was hoping I could get all of these permits reinstated to get inspections completed. Please ITEM 4, ATTACHMENT 9 Packet Pg. 54 let me know if there are any questions. Thank you Carrissa Soderlind -- PLEASE NOTE OUR MAILING AND BILLING ADDRESS HAS CHANGED TO Northern Colorado Plumbing & Drain 1281 E Magnolia St. Unit D113 Fort Collins, CO 80524 (970) 484-6273 -- PLEASE NOTE OUR MAILING AND BILLING ADDRESS HAS CHANGED TO Northern Colorado Plumbing & Drain 1281 E Magnolia St. Unit D113 Fort Collins, CO 80524 (970) 484-6273 ITEM 4, ATTACHMENT 9 Packet Pg. 55 NOTICE OF SUSPENSION January 9th, 2023 Rodney Henrichsen 1281 E. Magnolia St. Unit #113 Fort Collins CO, 80524 Re: License MP-579 Dear Mr. Henrichsen, This letter is to inform you that the license MP-579 held with the City of Fort Collins is being suspended under City Code Chapter 15, Article 5, Section 15-162. (a)When the Building Official determines that a license holder or supervisor described in this Article has committed any of the acts outlined in Subsection (d) herein, or when a supervisor fails to provide adequate personal supervision on the work site, the Building Official may order a suspension of all privileges granted under such license or certificate pending a hearing by the Board. Such suspension shall not exceed a period of forty-five (45) days following the first commission of any such act and shall become effective immediately or when otherwise determined by the Building Official. Such forty-five-day suspension limitation shall not apply to any subsequent commission of any such act. Notification of said suspension shall be in writing and shall be promptly delivered to the certificate holder or an authorized person listed on such license application by mail or email to the last known address or by personal delivery. The notification shall state in reasonable detail the essential facts and reasons for said action and shall advise the affected license holder or supervisor of the right to appeal the decision of the Building Official to the Board. A copy of any such suspension shall be placed in the public record of the affected license holder or supervisor. Failure of any such person to receive such notification of suspension shall not invalidate any suspension imposed hereunder. I have found you are in violation of the following sub-sections: (d) The Board shall have the power to suspend or revoke (or take disciplinary action on) any license or certificate when the Board determines that the holder thereof has committed any of the following: (1)Knowing or deliberate disregard of the building code or any other code adopted by the City related to a specific construction project under the responsibility of the supervisor or license holder; (2)Failure to comply with any provision of the code related to a specific construction project under the responsibility of the supervisor certificate holder or license holder; (3)Failure to comply with any lawful order of the Building Official; (4)Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate; (6)Failure to obtain any required permit for the work performed or to be performed; (7)Commitment of any act of negligence, incompetence or misconduct in the performance of the contractor's specific trade which results in posing a threat to public health and safety; (8)Performance of work for which a license or supervisor certificate is required without a valid, current license or supervisor certificate. ITEM 4, ATTACHMENT 10 Packet Pg. 56 The building department received several complaints claiming your company had not obtained building permits for work completed, not received inspections of the work done and for leaving a trench open for months, exposing a broken sewer pipe and allowing sewage to seep into the soil, creating a leach field next to a multi-unit structure. After investigating these complaints and your permitting history with this office, I concluded that you were in direct violation of City Code, the adopted building codes and your contractor’s license. I met with you on 12/2/22 to discuss my findings. At this meeting, you agreed that you had made several mistakes and voiced that you would like the opportunity to correct these violations. I agreed to allow 30 days from the date of the meeting to correct all violations presented to you. Revisiting these items on 1/2/23, I found that very little progress had been made. I was also notified of additional negligence from other city departments following our initial meeting. 2929 Ross Dr: On November 1st, 2022, the building department was notified by a resident at 2929 Ross Dr that a trench had been left open next to the building since August. After arriving on site, a building inspector confirmed that the trench included a broken 4” sewer pipe that had been discharging sewage into the trench. There was no building permit issued for the repair work. A stop work order was posted on site, 11/1/22. Understanding the severe health risks to the public, Larimer County Health Department was notified to help address soil contamination concerns. A permit was obtained for this work on 11/2/22 with an inspection performed on 11/8/22. The inspection failed for improper slope of the sewer pipe. Following the failed inspection, your company proceeded to backfill the trench without obtaining additional inspections to verify the improper slope had been corrected. Lead Building Inspector Damien Wilson and I have instructed you to expose the pipe again for re-inspection. This has yet to be resolved. I was later notified that in an attempt to provide proper slope, you extended the trench into the right of way and installed a new sewer service that stubbed out in a manhole before backfilling. Your right of way license had been suspended on 9/6/22, prior to this work. Without a right of way license, you could not pull a permit for or perform this work in the right of way, but you did anyway. Additional permit violations from 2022: B2200995 422 Edwards St- Expired, no inspections B2201851 2632 Pasquinel Dr- Expired, no inspections B2202530 1209 Briarwood Rd- Applied, homeowner verified work was completed without a permit B2203006 1808 Crestmore Pl- Expired, no inspections B2203854 3711 Richmond Dr- Ready to issue, homeowner verified work was completed without a permit B2204143 817 Whedbee St- Expired, no inspections Years prior to 2022 show similar results with several active violations of similar nature. From the date of this letter, your license is suspended pending a hearing by the Building Review Commission. The hearing will be held in City Hall Chambers at 300 Laporte Ave on Thursday, February 23 at 9:00AM. I will be recommending the revocation of your license at the hearing. With regards, Marcus Coldiron Chief Building Official City of Fort Collins (970)416-2324 mcoldiron@fcgov.com ITEM 4, ATTACHMENT 10 Packet Pg. 57 ITEM 4, ATTACHMENT 11 Packet Pg. 58 ITEM 4, ATTACHMENT 12 Packet Pg. 59 Suspension timeline Northern Colorado Plumbing and Drain Prior to Suspension: November 1, 2022 A citizen notified the City of an open trench and unpermitted work at 2929 Ross Dr. Larimer County Health Department was also notified. Attachment #8 November 1, 2022 A Building Inspector verified sewer work was being completed without a permit. Sewage in open trench noted and a stop work order was posted. Attachment #7 November 2, 2022 NCPD obtained building permit for sewer line replacement. November 8, 2022 Inspection failed. Inspector commented “appears to be negative slope back towards house”. November 9, 2022 NCPD emailed Lead Building Inspector Wilson pictures and video of work done. Lead Building Inspector, Wilson responded by telling NCPD that the negative slope will need to be rectified before a re-inspection is called in. Attachment #2 November 17, 2022 NCPD emailed Lead Building Inspector Wilson pictures again. Lead Building Inspector, Wilson responded by telling NCPD approval to backfill was never given, pictures and videos will not suffice and directed NCPD to expose work for inspection. Attachment #3 November 21, 2022 NCPD texts Lead Building inspector Wilson pictures and videos of work done. Lead Building inspector Wilson instructs NCPD that an in-person inspection will be required. Attachment #4 November 21, 2022 NCPD emailed the Chief Building Official pictures and video of the work asking for them to be accepted in lieu of inspection. Attachment #5 November 23, 2022 After talking with involved parties, the Chief Building Official emailed NCPD directing them to open the trench to verify slope and compaction via inspection. November 23 – December 1, 2022 The Chief Building Official and Lead Building Inspector conducted investigation of NCPD’s permitting history finding numerous active code violations referenced above in ‘notable violations’. December 2, 2022 The Chief Building Official held a meeting with NCPD to present findings. The Chief Building Official gave NCPD 30 days to remedy all 7 2022 violations by obtaining building permits, scheduling and passing all required inspections, and completing 2929 Ross Dr. by opening the trench to allow for a visual inspection of the work was also included. NCPD agreed. January 3, 2023 The Chief Building Official was notified by City’s Engineering Department that work had been completed in the right of way without a ROW license. The Engineering Department also noted that NCPD did not run a locate request before digging, and failed to use any confined space entry equipment or safety monitors when digging. Attachment #6 January 9, 2023 The Chief Building Official emailed a notice of 45-day suspension to Rod Henrichsen of NCPD Attachment #10 ITEM 4, ATTACHMENT 13 Packet Pg. 60 After Suspension: January 13, 2023 Arrowhead Services LLC. obtained permit for sewer work at 2929 Ross Dr. January 23, 2023 Arrowhead Services LLC exposed plumbing previously buried by NCPD for inspection. Inspection passed. Permit was completed and violation was satisfied. February 6, 2023 NCPD requests that 80 expired permits be re-issued. These included all 2022 violations and 73 violations from previous years. Attachment #9 Feb 7 – Feb 23, 2023 NCPD addresses 4 of 7 identified 2022 violations by re-issuing building permits, scheduling and passing inspections. 3 remain unresolved. ~February 17, 2023 NCPD submits 73 field verification forms to building department for review. February 23, 2023 The first BRC hearing on suspension and recommended revocation of NCPD’s license with the City of Fort Collins. Commission members extended the suspension until March 30, to allow NCPD to provide more documentation at a second hearing. March 11-17, 2023 NCPD dug a trench and installed a temporary water line at 129 Frey Ave without required permits or licenses. NCPD then continued to work on site with the contractors who had obtained permits for the work. Attachments #11 &12 Current Building Department staff is still reviewing the 73 submitted field verification forms for compliance. 3 of the 7 identified violations from 2022 remain unresolved. ITEM 4, ATTACHMENT 13 Packet Pg. 61 ITEM 4, ATTACHMENT 14 Packet Pg. 62 ITEM 4, ATTACHMENT 14 Packet Pg. 63 ITEM 4, ATTACHMENT 14 Packet Pg. 64 ITEM 4, ATTACHMENT 14 Packet Pg. 65 ITEM 4, ATTACHMENT 14 Packet Pg. 66 ITEM 4, ATTACHMENT 14 Packet Pg. 67 ITEM 4, ATTACHMENT 14 Packet Pg. 68 ITEM 4, ATTACHMENT 14 Packet Pg. 69 ITEM 4, ATTACHMENT 14 Packet Pg. 70 ITEM 4, ATTACHMENT 14 Packet Pg. 71 ITEM 4, ATTACHMENT 14 Packet Pg. 72 ITEM 4, ATTACHMENT 14 Packet Pg. 73 ITEM 4, ATTACHMENT 14 Packet Pg. 74 ITEM 4, ATTACHMENT 14 Packet Pg. 75 ITEM 4, ATTACHMENT 14 Packet Pg. 76 ITEM 4, ATTACHMENT 14 Packet Pg. 77 ITEM 4, ATTACHMENT 14 Packet Pg. 78 ITEM 4, ATTACHMENT 14 Packet Pg. 79 ITEM 4, ATTACHMENT 14 Packet Pg. 80 ITEM 4, ATTACHMENT 14 Packet Pg. 81 ITEM 4, ATTACHMENT 14 Packet Pg. 82 ITEM 4, ATTACHMENT 14 Packet Pg. 83 ITEM 4, ATTACHMENT 14 Packet Pg. 84 ITEM 4, ATTACHMENT 14 Packet Pg. 85 ITEM 4, ATTACHMENT 14 Packet Pg. 86 ITEM 4, ATTACHMENT 14 Packet Pg. 87 ITEM 4, ATTACHMENT 14 Packet Pg. 88 ITEM 4, ATTACHMENT 14 Packet Pg. 89 ITEM 4, ATTACHMENT 14 Packet Pg. 90 ITEM 4, ATTACHMENT 14 Packet Pg. 91 ITEM 4, ATTACHMENT 14 Packet Pg. 92 ITEM 4, ATTACHMENT 14 Packet Pg. 93 ITEM 4, ATTACHMENT 14 Packet Pg. 94 ITEM 4, ATTACHMENT 14 Packet Pg. 95 ITEM 4, ATTACHMENT 14 Packet Pg. 96 ITEM 4, ATTACHMENT 14 Packet Pg. 97 ITEM 4, ATTACHMENT 14 Packet Pg. 98 ITEM 4, ATTACHMENT 14 Packet Pg. 99 ITEM 4, ATTACHMENT 14 Packet Pg. 100 ITEM 4, ATTACHMENT 14 Packet Pg. 101 ITEM 4, ATTACHMENT 14 Packet Pg. 102 ITEM 4, ATTACHMENT 14 Packet Pg. 103 ITEM 4, ATTACHMENT 14 Packet Pg. 104 ITEM 4, ATTACHMENT 14 Packet Pg. 105 ITEM 4, ATTACHMENT 14 Packet Pg. 106 ITEM 4, ATTACHMENT 14 Packet Pg. 107 ITEM 4, ATTACHMENT 14 Packet Pg. 108 ITEM 4, ATTACHMENT 14 Packet Pg. 109 ITEM 4, ATTACHMENT 14 Packet Pg. 110 ITEM 4, ATTACHMENT 14 Packet Pg. 111 ITEM 4, ATTACHMENT 14 Packet Pg. 112 ITEM 4, ATTACHMENT 14 Packet Pg. 113 ITEM 4, ATTACHMENT 14 Packet Pg. 114 ITEM 4, ATTACHMENT 14 Packet Pg. 115 ITEM 4, ATTACHMENT 14 Packet Pg. 116 ITEM 4, ATTACHMENT 14 Packet Pg. 117 ITEM 4, ATTACHMENT 14 Packet Pg. 118 ITEM 4, ATTACHMENT 14 Packet Pg. 119 ITEM 4, ATTACHMENT 14 Packet Pg. 120 ITEM 4, ATTACHMENT 14 Packet Pg. 121 ITEM 4, ATTACHMENT 14 Packet Pg. 122 ITEM 4, ATTACHMENT 14 Packet Pg. 123 ITEM 4, ATTACHMENT 14 Packet Pg. 124 ITEM 4, ATTACHMENT 14 Packet Pg. 125 ITEM 4, ATTACHMENT 14 Packet Pg. 126 ITEM 4, ATTACHMENT 14 Packet Pg. 127 ITEM 4, ATTACHMENT 14 Packet Pg. 128 ITEM 4, ATTACHMENT 14 Packet Pg. 129 ITEM 4, ATTACHMENT 14 Packet Pg. 130 ITEM 4, ATTACHMENT 14 Packet Pg. 131 ITEM 4, ATTACHMENT 14 Packet Pg. 132 ITEM 4, ATTACHMENT 14 Packet Pg. 133 ITEM 4, ATTACHMENT 14 Packet Pg. 134 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 135 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 136 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 137 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 138 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 139 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 140 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 141 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 142 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 143 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 144 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 145 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 146 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 147 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 148 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 149 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 150 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 151 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 152 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 153 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 154 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 155 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 156 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 157 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 158 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 159 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 160 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 161 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 162 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 163 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 164 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 165 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 166 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 167 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 168 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 169 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 170 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 171 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 172 ITEM 4, APPELLANT'S ATTACHMENTS Packet Pg. 173 Agenda Item 5 Item 5, Page 1 STAFF REPORT March 30, 2023 Building Review Commission STAFF Marcus Coldiron—Chief Building Official, City of Fort Collins SUBJECT SUSPENSION OF LICENSE: NOCO CUSTOM HOMES EXECUTIVE SUMMARY The purpose of this item is to notify the Commission of a 30 day license suspension imposed on NOCO Custom Homes on March 2, 2023. Per Fort Collins Municipal Code section 15-162, the suspension is currently set to expire on April 2, 2023. BACKGROUND Licensee’s Code Compliance Issues Kraftright Construction, LLC notified the building department on 2/28/23, that NOCO Custom Homes had listed Kraftright Construction, LLC as the licensed contractor on five separate building permits. They claimed that they had not performed framing or any other work at any of the addresses provided below: Permit number & address Description of work B2206863 557 Osiander St. New 2-story 2855 sf duplex (two-family dwelling) with 675 sf finished basement, 393 sf unfinished basement and attached 596 sf garage. B2108546 2338 Falcon Dr Construction of a 560 sf garage B2108532 2338 Falcon Dr New 2-story 3712 sf single family detached home with 798 sf garage, 1,401 sf finished basement and 310 sf unfinished basement. B2108515 3008 Broadwing Rd. New 2677 sq. ft. single family detached home with 1224 sq. ft. attached garage and 975 sq. ft. of unfinished basement and 1702 sq. ft. finished basement. B2108301 333 Pascal St. New single-family residence 3 story, 3541 sq. ft. with 330 sq. ft. unfinished basement and 1016 sq. ft. attached garage. After notification from Kraftright Construction LLC, Lead Building Inspector, Damien Wilson contacted NOCO Custom Homes and confirmed that Kraftright Construction LLC had not performed any framing work at the provided addresses despite being listed on the building permit. NOCO Custom Homes then acknowledged that Sticks Construction and RS construction had completed the framing work for these projects. Neither company had active framing licenses with the City of Fort Collins. Packet Pg. 174 Agenda Item 5 Item 5, Page 2 Without a licensed contractor listed on the building permits, stop work orders were issued and posted at 557 Osiander St, 2338 Falcon Dr. and 3008 Broadwing Rd on February 28th, 2023. 333 Pascal St. had been completed and a certificate of occupancy had been issued. The Building Department concluded that NOCO Custom Homes’ actions violated the following provisions of the Fort Collins Municipal Code: • Section 15-162 (d)(e): (4) Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate. A notice of suspension was presented to NOCO Custom Homes on March 2, 2023 with an expiration date of April 2, 2023. No further action is recommended by staff at this time. Attachments 1. Notice of suspension 2. Revised notice of suspension Packet Pg. 175 Planning, Development, and Transportation Community Development & Neighborhood Services 281 N. College Ave. - PO Box 580 Fort Collins, CO 80522 970.416.2740 970.224.6134 - fax fcgov.com/nbs NOTICE OF SUSPENSION March 2, 2023 Jason Jones PO Box 187 Timnath CO, 80547 Re: License 3547-D1 Dear Mr. Jones, This letter is to inform you that the license 3547-D1 that you hold with the City of Fort Collins is being suspended under City Code Chapter 15, Article 5, Section 15-162. (a)When the Building Official determines that a license holder or supervisor described in this Article has committed any of the acts outlined in Subsection (d) herein, or when a supervisor fails to provide adequate personal supervision on the work site, the Building Official may order a suspension of all privileges granted under such license or certificate pending a hearing by the Board. Such suspension shall not exceed a period of forty-five (45) days following the first commission of any such act and shall become effective immediately or when otherwise determined by the Building Official. Such forty-five-day suspension limitation shall not apply to any subsequent commission of any such act. Notification of said suspension shall be in writing and shall be promptly delivered to the certificate holder or an authorized person listed on such license application by mail or email to the last known address or by personal delivery. The notification shall state in reasonable detail the essential facts and reasons for said action and shall advise the affected license holder or supervisor of the right to appeal the decision of the Building Official to the Board. A copy of any such suspension shall be placed in the public record of the affected license holder or supervisor. Failure of any such person to receive such notification of suspension shall not invalidate any suspension imposed hereunder. In accordance with this section, I have found you are in violation of the following sub-section: (d) The Board shall have the power to suspend or revoke (or take disciplinary action on) any license or certificate when the Board determines that the holder thereof has committed any of the following: (4)Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate NOCO Custom Homes LLC applied for and obtained the following 5 permits by listing Kraftright Construction LLC, a licensed framing contractor on the permits: •A residential new duplex at 557 Osiander St. Permit number B2206863. •A new 560 Sqft detached garage at 2338 Falcon Dr. Permit number B2108546. •A new single family detached residence at 2338 Falcon Dr. Permit number B2108532. •A new single family detached residence at 3008 Broadwing Rd. Permit number B2108515. •A new single family detached residence at 333 Pascal St. Permit number 2108301. ITEM 5, ATTACHMENT 1 Packet Pg. 176 The building department was notified that Kraftright Construction LLC had no association with the construction of any of the projects listed above. In phone conversations between NOCO Custom Homes and Damien Wilson, Lead Building Inspector, it was verified that the framing contractors hired by NOCO Custom Homes to complete these projects were Sticks Construction and RS Construction. Sticks Construction does not have an active license with the City of Fort Collins due to expired insurance and RS Construction is not licensed with the City of Fort Collins. Stop work orders were issued at 557 Osiander St, 2338 Falcon Dr. and 3008 Broadwing Rd on February 28th, 2023. 333 Pascal St. has been completed and a certificate of occupancy has been issued. As the general contractor and applicant, you are responsible for the accuracy of the information provided with your permit applications. You are also responsible for the supervision of your projects and ensuring that any change in sub-contractors is accurately represented and updated as necessary on the building permit record. It is a violation of your contractor’s license to misrepresent any material fact in order to obtain any building permit. From the date of this letter, your license will be suspended for 30 days and will be activated again on April 2, 2023. The posted stop work orders on the referenced addresses will remain active until the suspension is lifted and all sub-contractors are accurately represented on the building permits. Failure to comply with the posted stop work orders and subsequent license suspension may result in additional suspensions and/or a recommendation to the Building Review Commission for revocation of your license. With regards, Marcus Coldiron City of Fort Collins (970)416-2324 mcoldiron@fcgov.com ITEM 5, ATTACHMENT 1 Packet Pg. 177 Planning, Development, and Transportation Community Development & Neighborhood Services 281 N. College Ave. - PO Box 580 Fort Collins, CO 80522 970.416.2740 970.224.6134 - fax fcgov.com/nbs REVISED NOTICE OF SUSPENSION March 10, 2023 Jason Jones PO Box 187 Timnath CO, 80547 Re: License D-760 Dear Mr. Jones, This letter is to inform you that the Notice of suspension that was presented to you on March 2, 2023 has been revised and amended to include the following. •The suspension will be applied to license D-760 for NOCO Custom homes. •Any associated supervisor certificate will also be in suspension, including 5326-D1 and 3547-D1 This revised notice of violation does not extend the suspension. The suspension will be lifted on 4/2/2023 if no other violations occur prior to that date. Failure to comply with the posted stop work orders and subsequent license suspension may result in additional suspensions and/or a recommendation to the Building Review Commission for revocation of your license. With regards, Marcus Coldiron City of Fort Collins (970)416-2324 mcoldiron@fcgov.com ITEM 5, ATTACHMENT 2 Packet Pg. 178 Supplemental Documents Date: Roll Call Dunbar Vacant Moscrip Richards Teplitsky Zimmerman Cram Vote Present Present Present Present Present Present 6 present 1 – MINUTES OF FEBRUARY 23, 2023 Dunbar Vacant Zimmerman Richards Moscrip Teplitsky Cram Yes Yes Yes Yes Yes Yes 6-0 2 - GEORGE KIDDER, COLORADO WOODWORKS- APPEAL Vacant Zimmerman Richards Moscrip Teplitsky Dunbar Cram Yes Yes Yes Yes Yes Yes 6-0 3 - LIMITED LICENSE REQUESTS WITHOUT EXAM Zimmerman Richards Moscrip Teplitsky Dunbar Vacant Cram 4 - ROD HENRICHSEN, NORTHERN COLORADO PLUMBING & DRAIN - SUSPENSION-REVOCATION Richards Moscrip Teplitsky Dunbar Vacant Zimmerman Cram Yes Yes Yes Yes Yes Yes 6-0 5 - NOCO CUSTOM HOMES - NOTICE OF SUSPENSION Moscrip Teplitsky Dunbar Vacant Zimmerman Richards Cram Yes Yes Yes Yes Yes Yes 6-0 Roll Call & Voting Record Building Review Commission 3/30/2023