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HomeMy WebLinkAboutBuilding Review Commission - Minutes - 02/23/2023City 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 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. 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. 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. 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. 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.