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Home My WebLink About04/27/2023 - Building Review Commission - AGENDA - Regular MeetingPage 1 Alan Cram, Chair Location: Eric Richards, Vice Chair Council Chambers Gabe Dunbar 300 LaPorte Ave Shaun Moscrip Mark Teplitsky Staff Liaison: Ronnie Zimmerman Marcus Coldiron Vacant Seat Chief Building Official AGENDA APRIL 27, 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. • CALL TO ORDER • ROLL CALL • AGENDA REVIEW • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA • DISCUSSION AGENDA 1. MINUTES OF MARCH 30, 2023 The purpose of this item is to consider approval of the minutes from the March 30, 2023 regular meeting of the Building Review Commission. Building Review Commission Page 2 2. 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 and again on March 30, 2023. After presentation by the Chief Building Official and NCPD representatives, the Commission allowed NCPD additional time to respond to the Chief Building Official’s recommendation of revocation at both hearings. The Commission extended the initial 45-day suspension of NCPD’s license until the Commission’s next hearing date, which is April 27,2023. STAFF: Marcus Coldiron, Chief Building Official • OTHER BUSINESS • ADJOURNMENT Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY APRIL 27, 2023 Building Review Commission STAFF Melissa Matsunaka, Administrative Assistant Al Ogul, Administrative Assistant SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MARCH 30, 2023 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the March 30, 2023 meeting of the Building Review Commission. ATTACHMENTS 1. BRC March 30, 2023 Minutes – DRAFT City of Fort Collins Page 1 March 30, 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 March 30, 2023 A regular meeting of the Building Review Commission was held on Thursday, March 30, 2023, at 9:00 a.m. via Zoom and in person at 300 Laporte Avenue, Fort Collins, Colorado. •WELCOME BY COUNCILMEMBER PEEL •CALL TO ORDER Chair Cram called the meeting to order at 9:03 a.m. •ROLL CALL PRESENT: Cram, Dunbar, Moscrip, Richards, Teplitsky, and Zimmerman ABSENT: None STAFF: Coldiron, Manno, Guin, Matsunaka •PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. •DISCUSSION AGENDA 1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FEBRUARY 23, 2022 MEETING. Teplitsky moved to approve the minutes of the February 23, 2023 meeting. Richards seconded. The motion passed 6-0. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) Building Review Commission ITEM 1, ATTACHMENT 1 DRAFT City of Fort Collins Page 2 March 30, 2023 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 ground level deck/platform which falls to a higher, commercial classificiation, licensing level. STAFF: Shar Manno, Manager, Contractor Licensing Marcus Coldiron, Chief Building Official Disclosure of Conflicts Richards withdrew from the discussion of this item due to a conflict of interest. Staff Presentation Shar Manno, Contractor Licensing Administrator, stated this item relates to a secondary one-time licensing variance request for construction of a ground level deck/platform which requires a higher, commercial classification licensing level than Mr. Kidder possesses. She stated the license Mr. Kidder holds went into effect on August 26, 2003 and since its inception, Colorado Woodworks has received one violation for completing work without first obtaining a permit on April 26, 2004. She noted neither Mr. Kidder’s license or supervisor certificate have been in expired status requiring reinstatement and Mr. Kidder attended the 2009 recertification class. Manno discussed a previous bleacher construction project completed by Mr. Kidder that also required a licensing variance request and outlined the project for which this variance is being requested. She detailed the requirements that would need to be fulfilled in order for Mr. Kidder to acquire the proper license and stated staff recommends denial of this request based on missing requirements and the previous one-time license variance request which was granted. Applicant Presentation George Kidder, Colorado Woodworks, stated this is a one-time request and noted he was previously granted a similar request for a much larger, more complex project than the one for which this license variance would apply. He described the project he is seeking to be allowed to complete and expressed some concern about the timing of getting it completed if the variance is approved. Staff Response Ms. Manno clarified notes could be added to an approval to indicate it would be valid until the project is completed. Applicant Response None. Commission Questions and Discussion Moscrip asked about the permit process for a project of this type. Marcus Coldiron, Chief Building Official, replied the review is similar to any deck that requires a permit and is considered commercial in this case. Moscrip asked if there is another professional involved to ensure engineering requirements are met. Mr. Kidder replied they have met with Blake Larsen who worked on the bleacher project and noted he personally handled the ADA requirements for the bleachers, not another professional. Moscrip asked if the platform will be accessed via steps or a ramp. Mr. Kidder replied the topography of the land includes a low spot the deck will need to go over; therefore, the 24-inch height referenced will be going over that area only. He stated the platform will be accessed by a concrete sidewalk that will slope up to it and most of the deck will be ground level. Moscrip asked if the bleacher project was considered commercial and whether it had a commercial building permit. Manno replied in the affirmative. Chair Cram asked if the deck will be level or pitched for drainage. Mr. Kidder replied it will be level and the quarter-inch spacing between boards will facilitate drainage. Chair Cram expressed concern about the proposed 12-inch drop on the back side. Mr. Kidder described the design and addressed the concerns. ITEM 1, ATTACHMENT 1 DRAFT City of Fort Collins Page 3 March 30, 2023 Chair Cram asked about the support system under the deck. Mr. Kidder replied the preliminary plans are to make the foundation concrete piers with integrated beams. Teplitsky stated he has no doubt Mr. Kidder has the knowledge to complete this project. However, he noted the most common appeal type heard by the Commission relates to people not wanting to take a test. He asked Mr. Kidder what would stop him from taking the necessary test if the project may not happen for a year or two. Mr. Kidder replied he is getting close to retirement and does not see a future need to hold the license that would apply to this project. Teplitsky asked Mr. Kidder if he would be able to show three projects to meet requirements. Mr. Kidder replied he would be able to show commercial applications, one of which is the bleacher project. He noted the complexity of his projects has increased over the years and stated some of the residential applications could be considered qualifications for commercial licensing. Teplitsky asked Mr. Kidder how many decks he has built and how many other structures he has built on piers. Mr. Kidder estimated he constructed 20 decks last year, some of which were very complex, along with a cabin. Dunbar asked what inspections will be required for this project. Coldiron replied inspections would start with the foundation, then the rough framing, and a final inspection. Motion Dunbar made a motion that the Fort Collins Building Review Commission approve the applicant’s request for a variance to the licensing standards in this appeal in accordance with Section 15-156 of the City Code. Based on the staff report, analysis and recommendation, and the evidence and testimony provided today, the strict application of the City’s license standards requiring an examination for the proposed work would result in peculiar or exceptional practical difficulty for the applicant or an exceptional or undue hardship for the applicant. Teplitsky seconded. It was clarified this variance would only apply to this project. The motion passed 5-0. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) 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 Staff Presentation Shar Manno, Contractor Licensing Administrator, withdrew this item from the agenda for additional work. 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 ITEM 1, ATTACHMENT 1 DRAFT City of Fort Collins Page 4 March 30, 2023 Tim Goddard, counsel for the appellant, introduced himself. Rod Henrichsen, appellant, introduced himself. Staff Presentation Marcus Coldiron, Chief Building Official, stated this item relates to the Chief Building Official’s recommendation of revocation of the contractor license for Northern Colorado Plumbing and Drain with the City of Fort Collins. He outlined the documented history of violations and previous license revocations of the company, including an incident that occurred since the February 23rd hearing. He discussed the applicable Code section related to license revocation. He stated the Chief Building Official is recommending Northern Colorado Plumbing and Drain’s contractor license be revoked for three main reasons, all of which relate to public safety. First, Northern Colorado Plumbing and Drain’s conduct, particularly at 2929 Ross Drive, demonstrates a deliberate disregard for the Building Code and for the safety of surrounding members of the community. Second, Northern Colorado Plumbing and Drain failed to comply with the lawful order to rectify the circumstances it had created, and third, Northern Colorado Plumbing and Drain was negligent in allowing these circumstances to manifest and, in failing to correct them when they did, the result was a threat to public health and safety. He also noted the company was engaging in plumbing work during the suspension of its license and stated staff is recommending revocation of the license for a minimum of one year prior to the company having the ability to seek its reissuance. Teplitsky asked if an instance wherein NCPD hired another licensed company to finish some work at 129 Frey Avenue was the proper move. Coldiron replied it was ultimately the right thing to do; however, the work should not have started without proper licensing in the first place and the work that was started by NCPD was a direct violation of the Building Code, and NCPD was onsite assisting the licensed contractor which is also a direct violation. Appellant Presentation Mr. Goddard noted a letter had been previously submitted to the Commission which he will not reread. He also submitted a document correcting what was previously submitted. Mr. Goddard stated he did not believe it was appropriate for staff to bring up the new violation at 129 Frey Avenue as they were not aware of it until they looked through the materials for this hearing. He requested that specific matter be continued to allow for a proper response. Assistant City Attorney Guin recommended the Commission not make a decision on the revocation or suspension today given the appellant has raised an issue of proper notice and ability to respond, and the inability of relevant witnesses to attend the hearing. Mr. Goddard stated he would be willing to present what he has prepared in relation to the issues raised at the prior hearing, or would be willing to postpone to include the new allegation in the presentation. Chair Cram suggested the Commission does not have time to go over the correcting document and stated he believes the item should be postponed until April to allow proper time for the Commission to review the document and for the appellant to adjust their presentation. Moscrip concurred and stated he would rather have all of the evidence and discussion at the same time. Dunbar, Teplitsky, Richards, and Zimmerman concurred. Coldiron requested the license suspension remain in place until the matter is resolved. Chair Cram concurred that would be appropriate. Motion Chair Cram made a motion to postpone consideration of this item to the April regular meeting of the Commission given the process issues. He noted the license suspension will remain in effect. Zimmerman seconded. The motion passed 6-0. ITEM 1, ATTACHMENT 1 DRAFT City of Fort Collins Page 5 March 30, 2023 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 Marcus Coldiron, Chief Building Official, stated 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, which is set to expire on April 2, 2023. He stated the company misrepresented a material fact to obtain building permits in direct violation of Municipal Code Section 15-162; however, the company transferred those permits to another general contractor during the period of suspension with the plan to transfer them back under its license when the suspension expires on April 2. Assistant City Attorney Guin clarified no Commission action is being requested by the Chief Building Official. • OTHER BUSINESS Assistant City Attorney Guin stated staff will be working on how to better bring Item No. 3, Limited Licensing Without Testing, before the Commission. He also noted Chris Haines from the City Attorney’s Office will begin taking over responsibility for advising the Commission. Chair Cram noted the Clerk’s Office will begin recruiting for vacant Boards and Commission positions, including on this Commission. ADJOURNMENT Chair Cram adjourned the meeting at 10:58 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 ITEM 1, ATTACHMENT 1 DRAFT Agenda Item 2 Item 2, Page 1 STAFF REPORT APRIL 27, 2023 Building Review Commission STAFF Marcus Coldiron - Chief Building Official, City of Fort Collins Damien Wilson - Lead Building Inspector, City of Fort Collins SUBJECT THIRD 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 and again on March 30, 2023. After presentation by the Chief Building Official and NCPD representatives, the Commission allowed NCPD additional time to respond to the Chief Building Official’s recommendation of revocation at both hearings. The Commission extended the initial 45-day suspension of NCPD’s license until the Commission’s next hearing date, which is April 27,2023. 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. Agenda Item 2 Item 2, 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 #15 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. Five violations are now resolved; however, two 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. Re-inspection passed on 3/23/23 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 #2 Arrowhead Services LLC, obtained a new building permit for the work performed by NCPD. Inspection scheduled and passed 1/23/23 Agenda Item 2 Item 2, Page 3 • 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 #12 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 #13 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 #14 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. Agenda Item 2 Item 2, 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. Agenda Item 2 Item 2, Page 5 Attachments 1. March Hearing staff report 2. February hearing staff report 3. Lead Building Inspector/NCPD email #1 4. Lead Building Inspector/NCPD email #2 5. Lead Building Inspector/NCPD texts 6. CBO/NCPD email 7. City Engineering department notification email to CBO 8. Open trench/sewage picture 9. Larimer County Health Department email 10. NCPD request for 80 expired permits to be re-issued 11. NCPD’s Notice of Suspension 12. 129 Frey- temporary water line picture 13. 129 Frey- NCPD truck picture 14. Timeline 15. Field verification forms 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. ITEM 2. ATTACHMEMT 1 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 ITEM 2. ATTACHMEMT 1 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. ITEM 2. ATTACHMEMT 1 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. ITEM 2. ATTACHMEMT 1 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 ITEM 2. ATTACHMEMT 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 2, ATTACHMENT 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 2, ATTACHMENT 2 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 2, ATTACHMENT 2 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 2, ATTACHMENT 2 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 3, ATTACHMENT 3 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 3, ATTACHMENT 3 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 3, ATTACHMENT 3 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 2, ATTACHMENT 4 -- 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 2, ATTACHMENT 4 ITEM 2, ATTACHMENT 5 ITEM 2, ATTACHMENT 5 ITEM 2, ATTACHMENT 5 ITEM 2, ATTACHMENT 5 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 2, ATTACHMENT 6 970-416-2324 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 2, ATTACHMENT 6 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 2, ATTACHMENT 7 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 2, ATTACHMENT 7 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 2, ATTACHMENT 7 ITEM 2, ATTACHMENT 8 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 2, ATTACHMENT 9 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 2, ATTACHMENT 9 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 2, ATTACHMENT 9 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 2, ATTACHMENT 9 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 2, ATTACHMENT 9 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 2, ATTACHMENT 10 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 2, ATTACHMENT 10 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 2, ATTACHMENT 11 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 2, ATTACHMENT 11 ITEM 2, ATTACHMENT 12 ITEM 2, ATTACHMENT 13 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 #9 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 #8 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 #3 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 #4 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 #5 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 #6 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 #7 January 9, 2023 The Chief Building Official emailed a notice of 45-day suspension to Rod Henrichsen of NCPD Attachment #11 ITEM 2, ATTACHMENT 14 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 #10 Feb 7 – Feb 23, 2023 NCPD addresses 4 of 7 identified 2022 violations by re-issuing building permits, scheduling and passing inspections. 2 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 #12 &13 March 30, 2023 The second BRC hearing on suspension and recommended revocation of NCPD’s license with the City of Fort Collins. Commission members extended the suspension until April 27, to allow NCPD to provide more documentation at a third hearing. Current Building Department staff is still reviewing the 73 submitted field verification forms for compliance. 2 of the 7 identified violations from 2022 remain unresolved. 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