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HomeMy WebLinkAboutBuilding Review Commission - Minutes - 07/28/2022City of Fort Collins Page 1 July 28, 2022 Alan Cram, Chair This meeting was Tim Johnson, Vice Chair held remotely Gabriel Dunbar Shaun Moscrip Eric Richards Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official Meeting Minutes July 28, 2022 A regular meeting of the Building Review Commission was held on Thursday, July 28, 2022, at 9:00 a.m. remotely via Zoom. • CALL TO ORDER Chair Cram called the meeting to order at 9:07 a.m. • ROLL CALL PRESENT: Cram, Dunbar, Moscrip, Richards, Zimmerman ABSENT: Johnson, Teplitsky STAFF: Coldiron, Manno, Guin, Matsunaka • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA [Timestamp: 9:08 am] 1. INTRODUCTION OF NEW MEMBERS a. Ronnie Zimmerman b. Gabe Dunbar Building Review Commission City of Fort Collins Page 2 July 28, 2022 2. GUIDELINES FOR COMMISSION MEMBER PARTICIPATION (5 MINUTES) STAFF: Aaron Guin, Assistant City Attorney Staff Presentation Assistant City Attorney Aaron Guin discussed information and guidelines regarding Commission Member participation. He gave an overview of motions practice, conflicts of interest, attendance requirements, and open meetings rules. He noted voting abstention procedure. 3. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE May 26, 2022 MEETING. Moscrip moved to approve the minutes of the May 26, 2022, meeting with corrections to typographical errors. Richards seconded. Zimmerman and Dunbar abstained. The motion passed 3-0. [Timestamp: 9:27 a.m.] 4. ITEM 4 – JASON JONES - APPEAL DESCRIPTION: Mr. Jones is requesting approval of a general contractor mentorship agreement with Harry Poehlman which will allow Jason to perform three tenant finishes at 2026 Bear Mountain Dr. Units 107, 108 and 105 and building new demising walls and vestibules for two of the units. Disclosure of Conflicts None. Staff Presentation Marcus Coldiron, Chief Building Official, presented the staff report outlining that Mr. Jones currently holds a Class D1 license and is in good standing. He discussed that the proposed projects would require a minimum of a C1(DR) license. He noted that Mr. Jones was previously approved through the mentorship program to complete a 4-unit R-2 apartment building under permit number B1810980 in 2019. He discussed that the 4-plex project received a Temporary Certificate of Occupancy on 2/28/20 and has yet to be closed out. Mr. Coldiron discussed the intent of the contractor licensing mentorship program is to help contractors complete projects within the City of Fort Collins to obtain the required three project verification required for their desired license classification. He noted that staff is currently working on a written process for this contractor licensing mentorship program. He indicated that contractors will not be able to use this program to jump up multiple license classifications but to complete projects for the next highest license classification from the license they already hold. Mr. Coldiron noted that the proposed approval requires a license classification that is multiple classifications above a D1, including a Class C2 which allows construction of multifamily buildings and a Class E which allows for any nonstructural alteration work to any building or structure in the City. Mr. Coldiron provided information that Mr. Jones has not completed the first project he was approved to oversee under an approved contractor licensing mentorship agreement from 2019. He discussed that the prior agreement also stipulated that Mr. Jones submit a passing ICC license exam of the required level for that project within 12 months of signing the agreement on 3-15-19. Mr. Coldiron indicated that Building Services has not been made aware of a passing ICC license exam at this time. City of Fort Collins Page 3 July 28, 2022 Appellant Presentation Jason Jones spoke to the Board and clarified information about the projects in the application. He discussed his experience and understanding of the mentorship agreement executed in 2019. He noted that he will close out the prior permit as soon as practicable. He discussed his understanding of the testing requirements in the 2019 agreement and indicated that he will fulfill his obligations under the prior agreement. Mr. Jones discussed the current application to work under a mentorship agreement. He noted his experience, knowledge, current license in the City of Fort Collins, and proposed mentor will allow him to progress in his field if the mentorship agreement is approved. Board Questions of Staff and Parties-in-Interest Richards asked for clarification on licensing levels and natural progression for a contractor. Mr. Coldiron discussed that a licensee will need to take the corresponding ICC licensing tests and provide three project verifications that are at the level of the license the applicant is applying for. He noted that the contractor licensing mentorship program is not complete and will be brought before the Building Review Commission for additional input. Richards asked for clarification on the mentorship program goals. Mr. Coldiron replied that for a natural progression of an applicant, the mentorship program would not allow an applicant to jump up more than one classification level. Mr. Coldiron noted the timeline for processing application packets is about two weeks. Richards asked Mr. Jones about the C-1 license and his project experience. Mr. Jones indicated he wants to diversify, and the current projects will allow him to achieve the project verifications necessary to obtain the C-1 license. Mr. Jones discussed his experience on a project within the C-1 classification level and that he has been in business for himself for fifteen years. Aaron Guin, CAO, noted the status of the mentorship program and provided guidance to the Commission Members regarding the current appeal. Shar Manno, Administrative Services Manager, asked Mr. Jones for an explanation of the changes on his request regarding the type of construction that would fall under a C-1 license mentorship agreement. Mr. Jones provided information on the three permits, including constructing of demising walls and vestibules for conduit mapping and tenant improvements. He indicated that the permits fall within his knowledge and experience. He noted that the previous mentorship agreement included a residential 4-unit attached and this project is commercial. Ms. Manno discussed the difference between a C-1 and C-2 license. She indicated that a residential 4-plex falls under the C-2 classification. She noted that Mr. Jones would be eligible to apply for a C-2 license on this project. Moscrip asked if the subcontractors on this project, mechanical, electrical, plumbing, would be required to have a C-1 license. Mr. Coldiron replied that the subcontractors are required to hold the license required for their trade, i.e. plumbing license, and the general contractors are required to hold the contractor license. Moscrip asked for clarification about subcontractors. Ms. Manno discussed the different license classifications for specialized subcontract trades. Ms. Manno also noted the different classification levels for general contractors. Board Discussion Richards discussed that Mr. Jones should be allowed to enter into a new mentorship agreement if he fulfills the testing requirements outlined in the 2019 agreement, and he is able to close out the prior project. Mr. Richard indicated that the BRC has set a precedent of entering into mentorship agreements. He also noted that Mr. Jones has held a license, in good standing, in the City of Fort Collins for many years. Chair Cram agreed with Richards that Mr. Jones should complete the testing previously required and close out the previous project. City of Fort Collins Page 4 July 28, 2022 Aaron Guin, Assistant City Attorney, discussed the requirements of a proposed Commission finding under the Code. Ms. Manno clarified that Mr. Jones would not qualify for a C-1 license using the projects proposed in mentorship agreement. She noted the projects would qualify him for a class C-1DR. Mr. Jones replied that he understood and agreed with Ms. Manno’s clarification of how the projects would apply to license requirements. Moscrip asked about the C-1DR license classification. Ms. Manno noted that the “DR” stands for Damage Repair and allows structural repair. Mr. Coldiron discussed that C-1 license allows a contractor to build a building from the ground up, and a C-1DR does not allow that type of construction. A C-1DR would allow tenant improvements on a finished building. Moscrip asked if there was structural work in the project. Mr. Jones noted that there will be construction of a mezzanine in one of the units but is not considered structural to the building. Richards asked about the licensing requirements for the project in the prior mentorship agreement. Ms. Manno noted that a C-2, multi-family license would have been required. Mr. Guin discussed a timeline for requiring submittal of a passed exam. Chair Cram noted that a passing test result should be submitted within twelve months. Richards agreed with Chair Cram. Motion Chair Cram closed discussion and asked for a motion. Eric Richard made the following motion: Based on Staff’s report and analysis, and the evidence and testimony presented today, I move to APPROVE the applicant’s request for a variance from the licensing standards in this Appeal in accordance with Section 15-156 of the City Code, WITH CONDITIONS. I find that: • The applicant has demonstrated to my satisfaction that he possesses other qualifications additional experience not specifically listed in our Contractor Licensing section of the City Code, that would qualify the applicant to perform construction authorized under the license or certificate sought in a competent manner, subject to an agreement where a mentor would provide supervision and guidance; • The applicant has demonstrated that, if the relief requested were granted, there would not be substantial detriment to the public good and would not substantially impair the intent and purpose of this section of the City Code. • This Commission has established a precedent in allowing, under similar circumstances, a variance from the licensing standards where a mentorship agreement would prove beneficial to the applicant and would not be a substantial detriment to the public good and not impair the intent and purpose of the Code • The CONDITIONS upon the approval I move the Commission to require is that the Applicant enter into a mentorship agreement for the project(s) referenced in this applicant, provided that he first completes the project for which he entered into a mentorship agreement in March of 2019 and that he also submits a passing ICC license exam for the required level for the 2019 project before the mentorship agreement is executed. Moscrip seconded. The motion passed 5-0. [Timestamp: 10:13 a.m.] City of Fort Collins Page 5 July 28, 2022 3. ITEM 5 – STEVE ANDERSON - APPEAL DESCRIPTION: Mr. Anderson of Rise Plumbing and Heating is requesting an excpetion to the testing requirement for a new HVAC license and supervisor’s certificate. Disclosure of Conflicts None. Staff Report Shar Manno, Contractor Licensing Administrator, presented the staff report and outlined the exception to the testing. She noted that Steve Anderson currently holds a Master Plumber Registration with the City of Fort Collins (issued 5/17/22), and has submitted a new application request for a Specialized Trade HVAC(R) – Residential license and supervisor’s certificate. She noted that based on the project verifications submitted, Mr. Anderson would be eligible for an HVAC(RR) – Repair Replace license and supervisor’s certificate. Ms. Manno discussed the testing requirements for the three HVAC licenses and referenced the sections. She indicated that Mr. Anderson is requesting that he be issued a HVAC(R) – Residential without meeting the exam requirement. Applicant Presentation Steve Anderson discussed his background and experience. He noted his current and active licenses in Denver, Colorado. He discussed the company he owns with his wife, Maria Anderson. He has moved to Northern Colorado and requested that the Commission recognize the N-29 Certificate that Denver accepts for their equivalent of the HVAC(R) license. He noted that he is a boiler expert, master mechanical for boilers, and master plumber. Ms. Anderson discussed their company’s history and noted that Mr. Anderson can pull permits in Denver with his qualification and experience. She indicated that the expenses of running their company have made it necessary to work closer to their home. Staff Rebuttal Ms. Manno clarified that the N-29 Certificate is not a license. She noted that the N-29 is testing for the ICC. She clarified that in 2019, the City of Fort Collins would have accepted the F or W, which covered the 2015 and 2012 Code Year. Applicant Rebuttal Mr. Anderson noted that the N-29 Certificate was accepted by the City of Fort Collins in 2014. Board Questions and Discussion Richards asked if Mr. Anderson could obtain the HVAC(RR) in Fort Collins. Ms. Manno discussed that a completed packet would qualify Mr. Anderson for the HVAC(RR) for repair and replace. She referenced Mr. Anderson’s application packet and noted the items that remain outstanding. Zimmerman asked about process for master mechanical licenses as the Code is updated and testing requirements. Ms. Manno discussed that keeping a license in good standing will exempt the licensee from retesting. She noted that a license that is expired and not renewed within a sixty-day grace period, will be a reinstatement, and the applicant would be required to test to current Code Year. City of Fort Collins Page 6 July 28, 2022 Zimmerman asked if Mr. Anderson kept his City of Fort Collins license from 2014 in good standing, if he would be required to retest. Ms. Manno noted that a license kept in good standing would not require a retest under the renewal clause. Richards asked Mr. Anderson about current and future projects in the City of Fort Collins. Mr. Anderson noted that he needs the HVAC(R) license for future projects. He discussed that he has previous clients that have requested his services in the City. Moscrip asked if Mr. Anderson had any objections to taking the new test and obtaining the license through the regular process instead of using his past licenses. Mr. Anderson noted that he would need additional time and money that is a stretch for a new, small business. He noted that his projected budget has tripled. Ms. Anderson discussed that they have kept the N-29 active in Denver and if they kept the 2014 active, they would be considered a renewal and not subject to retesting. Ms. Manno reiterated that N-29 is testing and not a license. She noted that the City of Fort Collins does not have any reciprocity with Denver. Ms. Manno asked for clarification on when Mr. Anderson started his business. Mr. Anderson noted that he registered his business with the State of Colorado in March 2020. He discussed that they didn’t kick-off the business by purchasing vehicles, purchasing materials, etc., until January 2022. Richards noted that the Commission has a precedent of holding the testing requirements in high esteem. He discussed that the Commission has rarely, if ever, relaxed testing requirements. He recognized the time and money commitments and hardship of retesting. He noted that Mr. Anderson would qualify for an HVAC(RR) which would allow him to work in the City of Fort Collins. Richards discussed that he would like to require retesting and deny this appeal. Chair Cram agreed with Richards that testing is important to have the knowledge to complete projects in a safe and healthy manner. Board Deliberation Shaun Moscrip made the following motion: Based on Staff’s report, analysis, and recommendation, ad the evidence and testimony presented today, I move to DENY the applicant’s request for a variance from the licensing standards in this Appeal in accordance with Section 15-156 of the City Code. I find that: - The strict application of the licensing standards and the requirement of taking the required licensing examination would NOT result in particular or exceptional practical difficulties to, or exceptional or undue hardship upon the applicant; AND - The applicant has not demonstrated that, if the relief request were granted, there would not be a substantial detriment to the public good and would not substantially impair the intent and purpose of this section of the City Code. Eric Richards seconded. The motion passed 4-0. [Timestamp: 10:42 a.m.] [This Section Intentionally Left Blank] City of Fort Collins Page 7 July 28, 2022 • OTHER BUSINESS Mr. Guin discussed a quorum voting issue regarding the motion to approve the minutes. He noted that the motion passed by a vote of 3-0, with 2 abstentions. Chair Cram noted for the record that the Commission approved the Minutes of May 26, 2022. Ms. Manno discussed Contractor Licensing, Specialty Trade Registrations, and Exempt Contractor Registrations. She discussed Renewals and Reinstatements. She noted that updated information may be found at the web address: www.fcgov.com/building/contractor. • ADJOURNMENT Chair Cram adjourned the meeting at 10:54 a.m. Minutes prepared by and respectfully submitted by Melissa Matsunaka. Minutes approved by a vote of the Commission on _________________________________ ______________________________ Marcus Coldiron, Chief Building Official Alan Cram, Chair