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Home My WebLink About10/26/2023 - Building Review Commission - AGENDA - Regular MeetingPage 1 Alan Cram, Chair Location: Eric Richards, Vice Chair Council Chambers, City Hall Gabe Dunbar 300 LaPorte Ave Shaun Moscrip Casey Roberts Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official AGENDA OCTOBER 26, 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 SEPTEMBER 28, 2023 The purpose of this item is to consider approval of the minutes from the September 28, 2023 regular meeting of the Building Review Commission. 2.ROBERT BROOKS, EVIDENT SOLAR – REQUEST FOR VARIANCE TO SUPERVISOR’S CERTIFICATE STANDARDS OF QUALIFICATION DESCRIPTION: Mr. Robert Brooks of Evident Solar, LLC (“Evident”) is requesting a variance to the City’s requirement of a North American Board of Certified Energy Practitioners (“NABCEP”) certification requirement for the issuance of a solar installation supervisor’s certificate. Mr. Brooks holds the license for Evident. Evident lacks a supervisor’s certificate holder. Building Review Commission Packet Pg. 1 Page 2 Mr. Brooks has applied for a new supervisor’s certificate relying on the qualifications of a former employee, Mr. Wayne Platt, who is no longer with Evident and does not appear to be affiliated in any respect. Further, that employee holds a state-issued master electrician license rather than the NABCEP certification that the City requires. STAFF: Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official 3. DAVE DOLL, DOLL CONSTRUCTION INC – REQUEST FOR VARIANCE TO EXPIRED LICENSE AND REINSTATEMENT WITHOUT REQUIRED EXAM DESCRIPTION: Mr. David Doll of Doll Construction, Inc. is requesting a variance to the lapsed 60-day deadline for renewal of his license and supervisor’s certificate. Mr. Doll’s license and supervisor’s certificate expired and ceased to be eligible for renewal because he was 709 days late in submitting a renewal application packet. STAFF: Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official 4. GABRIEL VASQUEZ, HARTFORD CONSTRUCTION LLC – REQUEST FOR VARIANCE TO PROJECT VERIFICATIONS REQUIRED FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: Mr. Gabriel Vasquez of Hartford Construction, LLC (“Hartford”) is requesting a variance to the project verification requirement to obtain a license and supervisor’s certificate. STAFF: Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official 5. BRC 2024 ANNUAL WORK PLAN DESCRIPTION: City Code requires all boards and commissions to file work plans on or before November 30 for the following year. According to the Boards and Commissions Manual, work plans should set out major projects and issues for discussion for the following year. The purpose of this item is to approve the 2024 Annual Work Plan of the Building Review Commission. STAFF: Marcus Coldiron, Chief Building Official • OTHER BUSINESS • ADJOURNMENT Packet Pg. 2 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY OCTOBER 26, 2023 Building Review Commission STAFF Melissa Matsunaka, Sr. Project Coordinator SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SEPTEMBER 28, 2023 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the September 28, 2023 meeting of the Building Review Commission. ATTACHMENTS 1. BRC September 28, 2023 Minutes - DRAFT Packet Pg. 3 City of Fort Collins Page 1 September 28, 2023 Alan Cram, Chair Council Chambers Gabe Dunbar 300 Laporte Avenue Shaun Moscrip Fort Collins, CO Eric Richards, Vice Chair Casey Roberts Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official Meeting Minutes September 28, 2023 A regular meeting of the Building Review Commission was held on Thursday, September 28, 2023, at 9:04 a.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins, Colorado. •CALL TO ORDER Chair Cram called the meeting to order at 9:04 a.m. •ROLL CALL PRESENT: Cram, Dunbar, Moscrip, Richards, Roberts, Zimmerman ABSENT: Teplitsky STAFF: Coldiron, Hayes, Manno, Matsunaka •PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. •DISCUSSION AGENDA 1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JULY 27, 2023 MEETING. Commissioner Zimmerman moved to approve the minutes of the July 27, 2023, meeting. Commissioner Moscrip seconded. The motion passed 6-0. [Timestamp: 9:06 a.m.] Building Review Commission ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 4 City of Fort Collins Page 2 September 28, 2023 1. NOCO PROPERTY SOLUTIONS - REQUEST FOR VARIANCE TO LAPSED PAYMENT DEADLINES FOR RENEWAL, AND REINSTATEMENT OF EXPIRED LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: Mr. John Davison of NoCo Property Solutions dba BLM Construction is requesting a variance to the lapsed 60-day deadline for payment of his license and supervisor’s certificate renewal fee. Mr. Davison’s license and certificate expired and ceased to be eligible for renewal because he was 13 days late in paying the renewal fee. STAFF: Shar Manno, Administrative Services Manager John Davison, owner, NoCo Property Solutions dba BLM Construction, introduced himself. Chair Cram outlined the hearing procedure. Staff Presentation Sharlene Manno, Administrative Services Manager, gave the background of City Code Sections 15- 154, 15-157, and 15-160, which allow a license or supervisor’s certificate to be renewed if the applicant pays the renewal fee within 60 days of the anniversary of the license or certificate’s issuance. If the renewal fee is not paid within that time, the license or certificate expires and stops being eligible for renewal. Ms. Manno discussed that since July 16, 2013, Mr. Davison has held a Class D2 license and supervisor’s certificate with the City of Fort Collins. The license and supervisor’s certificate are now in a disabled status because Mr. Davison was 13 days late in paying for his renewal. Ms. Manno explained that Mr. Davison applied to renew his license and supervisor’s certificate on May 11, 2023. Building Services sent payment instructions for the biennial fee of $225—with payment due on August 18, 2023. Mr. Davison attempted to pay the fee on August 31, 2023. At that time, the Chief Building Official was no longer able to grant a renewal without a variance from the Code. She noted that Mr. Davison now requests that variance from the Commission. Ms. Manno read through the relevant City Code Sections 2-173, 15-154, 15-157, and 15-160, in detail for the Commission. Ms. Manno stated that staff recommends denial of Mr. Davison’s appeal based on those relevant code sections. Ms. Manno discussed Commission options in this matter, including granting a variance. [Timestamp: 9:15 a.m.] Appellant Presentation Mr. Davison discussed the timeline and events of his renewal attempts. He discussed that on May 11, 2023, he came to staff to pay his renewal, but was turned away, and told to pay in the portal system online. He noted that due to circumstances beyond and within his control, he has failed to timely renew his license and certificate. He discussed that he has been a contractor in this area for twenty-seven years and would like to continue to work in the City, if the Commission grants him a one-time variance. He noted that he has not been late in paying his renewal in prior years. Staff Rebuttal Ms. Manno discussed her understanding of Mr. Davison and staff interactions on May 11, 2023. Ms. Manno clarified that staff will accept payment in person, over the phone, in the after-hours drop box, or in the online portal, via check, credit card, or cash. She noted that staff would like payments to be made as conveniently as possible for the payor. She noted that staff is diligent in their communications and invited Mr. Davison to reach out if this situation arises again. ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 5 City of Fort Collins Page 3 September 28, 2023 Appellant Rebuttal None. Commission Questions and Discussion Commissioner Dunbar asked Mr. Davison about the types of projects he works on in the City. Mr. Davison indicated that he mainly does smaller projects, such as additions. He noted that he holds valid contractor licenses in Larimer County, Wellington, Windsor, and Timnath. Commissioner Richards asked Mr. Davison about current projects in the City that are waiting on this paperwork to begin. Mr. Davison discussed his upcoming projects, such as a three-story addition and garage. Chair Cram asked staff to provide information regarding any previous violations or permit issues charged to Mr. Davison. Ms. Manno discussed an incident on April 29, 2021, where Mr. Davison had a roofing permit that did not have a Construction Waste Management Plan, and was recommended for a blanket suspension of all permits that were not in compliance at the time. Ms. Manno noted that Mr. Davison brought his expired permits into compliance on May 27, 2021. Chair Cram asked for the Commission to make a motion. [Timestamp: 9:23 a.m.] Commissioner Dunbar moved that the Building Review Commission GRANT Mr. John Davison’s request for a variance from the requirements of City Code Chapter 15 relating to license renewal. I find that applicant demonstrates to the BRC’s satisfaction that it possess other qualifications not specifically listed in the Code that the BRC determines qualify the applicant to perform competently. I further find that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the Code. Commissioner Zimmerman seconded. The motion passed 5-1. Commissioner Richards discussed his concerns that granting this variance may substantially impair the intent of the Code. He noted that while thirteen days past the deadline is unfortunate, the issue is trying to be equitable to future or past applicants. He discussed issues of determining where to draw the line, of how many days late is too late. Commissioner Zimmerman noted that difficulty of this situation and not impairing the intent of the Code. He asked the Commission to consider the intent of the code in setting a payment deadline. Commission Moscrip discussed the fact that Mr. Davison tried to pay on May 11, 2023, but was turned away by staff. He noted that this sets this case apart from other applicants that fail to pay because they forgot. Commissioner Zimmerman agreed that Mr. Davison’s attempt to pay or comply is one reason why granting a variance is acceptable in this case. Chair Cram noted his concerns with setting a precedent and discussed facts of this case that prevent a precedent. He noted that Mr. Davison has had a license in good standing for a long time, is current, except for his failure to pay in this instance. Cram closed discussion and called for a vote on the motion. • OTHER BUSINESS None. • ADJOURNMENT Chair Cram adjourned the meeting at 9:30 am. Minutes prepared by and respectfully submitted by Melissa Matsunaka. ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 6 Agenda Item 2 Item 2, Page 1 STAFF REPORT October 26, 2023 Building Review Commission STAFF Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official SUBJECT REQUEST FOR VARIANCE TO SUPERVISOR’S CERTIFICATE STANDARDS OF QUALIFICATION EXECUTIVE SUMMARY Mr. Robert Brooks of Evident Solar, LLC (“Evident”) is requesting a variance to the City’s requirement of a North American Board of Certified Energy Practitioners (“NABCEP”) certification requirement for the issuance of a solar installation supervisor’s certificate. Mr. Brooks holds the license for Evident. Evident lacks a supervisor’s certificate holder. Mr. Brooks has applied for a new supervisor’s certificate relying on the qualifications of a former employee, Mr. Wayne Platt, who is no longer with Evident and does not appear to be affiliated in any respect. Further, that employee holds a state-issued master electrician license rather than the NABCEP certification that the City requires. BACKGROUND Chapter 15, Article V, Section 15-160(d) of the Fort Collins City Code affords the the Building Official the authority to set testing and certification requirements for a supervisor certificate. Current contractor testing standards have been in place since 2012. These standards require a NABCEP certification in order to hold a supervisor’s certificate. Mr. Brooks is seeking a variance from this testing requirement in order to rely on the qualifications of a former employee who is apparently no longer affiliated with the business in any respect. For context, on October 12, 2023, Evident was issued stop work orders for installation of solar systems at two separate addesses without first obtaining a permit. These stop work orders also resulted in subsequent suspension in participating in the Solar Contractor Network. RELEVANT CITY CODE SECTIONS Sec. 15-158. - Applications; review; issuance. (c) Subject to the qualification requirements of § 15-159 and subject to any applicable variances which may have been granted by the Board pursuant to § 15-156 and provided further that the applicant has not committed any acts described in § 15-162 of this Article without the Board having first conducted a hearing and having made a determination regarding the applicant's fitness to be granted a license or supervisor certificate, the Building Official shall issue to the applicant the license or supervisor certificate applied for upon receipt of all of the following: (1) Evidence of a passing score on the applicable written examination or equivalent as specified in this Article; Packet Pg. 7 Agenda Item 2 Item 2, Page 2 Sec. 15-160. – License classifications; fees; renewals. (d) A specialized trade contractor license and a specialized trade contractor supervisor certificate shall be required for any contractor performing any specialized trade listed herein. Prior to any specialized trade supervisor being issued a supervisor certificate, the applicant for such certificate shall successfully complete a written examination as provided in § 15-157, or the applicant shall provide proof of equivalent technical qualification as determined by the Building Official. Applicants for a specialized trade contractor license or a specialized trade contractor supervisor certificate shall submit an application and documents verifying that the applicant has acted in the principal role of contractor or primary project supervisor on no less than three (3) separate completed specialized trade projects as set forth under § 15-158 of this Article. Each specialized trade contractor license regulated under this Article is listed and described hereunder with respect to the scope of work authorized by each such license as follows: Solar energy PV authorizes the installation of photovoltaic collectors and related electrical wiring supplying stand-alone or utility grid systems. RECOMMENDATION Staff recommends denial of this item for the following reasons: (a) Evident is relying on the qualifications of an apparently unaffiliated third party; and (b) in any event, the City does not accept that third party’s qualifications (a state-issued master electrician license) as a substitute for NABCEP certification. City Code Section 2-173 governs whether a variance is appropriate. Under that section, the Commission should examine whether: (a) The Code imposes peculiar or exceptional practical difficulties to the applicant; (b) The Code imposes undue hardship on the applicant; (c) The applicant demonstrates to the BRC’s satisfaction that it possesses other qualifications not specifically listed in the Code that the BRC determines qualify the applicant to perform competently. The Commission should also consider whether a variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the Code. Here, based on the materials staff has reviewed, there appears to be no basis for a variance. The written materials submitted by Evident do not show any peculiar or exceptional practical difficulties, undue hardship, or other qualifications that would warrant a variance from the Code. ATTACHMENTS 1. Appeal Form 2. Email communications 3. Signed Permit 4. Appellant’s Renewal Application 5. 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İ *İİİ, İ Ęİ %>>¶1İÇA1İ%?ºÉİ 2 İ 0İCFÒ EÓGGİÔİ 2 İBù İÕÖ × FØ İÙİ Ä-İJÚxosvįĥ 0U,¦İ % !ĄİpćĈ7İİqr ´İ $SSHDO)HH 3DLGYLD&&$SSURYDO ,QYRLFH%5% 2&72%(5$0 0$5&86&2/',521&+,()%8,/',1*2)),&,$/ ITEM 2, ATTACHMENT 1 Packet Pg. 9 ITEM 2, ATTACHMENT 2 Packet Pg. 10 ITEM 2, ATTACHMENT 2 Packet Pg. 11 ITEM 2, ATTACHMENT 2 Packet Pg. 12 ITEM 2, ATTACHMENT 2 Packet Pg. 13 ITEM 2, ATTACHMENT 3 Packet Pg. 14 ITEM 2, ATTACHMENT 4 Packet Pg. 15 ITEM 2, ATTACHMENT 4 Packet Pg. 16 ITEM 2, ATTACHMENT 4 Packet Pg. 17 ITEM 2, ATTACHMENT 4 Packet Pg. 18 ITEM 2, ATTACHMENT 4 Packet Pg. 19 ITEM 2, ATTACHMENT 4 Packet Pg. 20 ITEM 2, ATTACHMENT 5 Packet Pg. 21 ITEM 2, ATTACHMENT 5 Packet Pg. 22 ITEM 2, ATTACHMENT 5 Packet Pg. 23 ITEM 2, ATTACHMENT 5 Packet Pg. 24 ITEM 2, ATTACHMENT 5 Packet Pg. 25 Agenda Item 3 Item 3, Page 1 STAFF REPORT October 26, 2023 Building Review Commission STAFF Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official SUBJECT REQUEST FOR VARIANCE TO EXPIRED LICENSE AND REINSTATEMENT WITHOUT REQUIRED EXAM EXECUTIVE SUMMARY Mr. David Doll of Doll Construction, Inc. is requesting a variance to the lapsed 60-day deadline for renewal of his license and supervisor’s certificate. Mr. Doll’s license and supervisor’s certificate expired and ceased to be eligible for renewal because he was 709 days late in submitting a renewal application packet. BACKGROUND City Code Sections 15-157, 15-158 and 15-160 allow a license or supervisor’s certificate to be renewed if renewal occurs within sixty (60) days following the anniversary date such certificate was issued, and further provided that the adopted building code or other applicable code over which an examination was administered remains in effect at the time of renewal. The holder of an expired certificate may be reissued such certificate by submitting a new application and paying all applicable fees as set forth in § 15-158. Such applicant shall not be required to pass an examination as prescribed, provided that the adopted building code or other applicable code over which such applicant passed an examination remains in effect at the time the renewed certificate is obtained. Mr. Doll submitted a request for renewal on September 5, 2023. Upon review of the renewal application packet, staff discovered that that Mr. Doll’s license and supervisor’s certifcate expired on September 26, 2021. Staff emailed Mr. Doll on September 5, 2023 alerting him that the application packet received would be viewed as a reinstatement and that the application packet was incomplete pending receipt of required testing covering either the F12 (2015) or G12 (2018) International Code Council (ICC) testing. Staff also offered Mr. Doll the option to appeal to the Building Review Commission. The City of Fort Collins currently follows the 2021 International Code Council (ICC) codes, meaning that the testing certificates required for any new or reinstatment of a licensing request must cover the 2018 code year. However, due to the lag in ICC making code year testing available, the CBO allows acceptance of the highest code year testing availabe as well as the previous code year cycle. In this instance the ICC has available 2018 code year testing, with some exceptions where the 2015 code year is the only cycle available. Based on information within the City’s system, Mr. Doll had initally taken and passed the 1997 uniform Building Code (UBC) and 2003 International Residential Code (IRC) on August 16, 2007 with a passing score of 90%. He took and passed the 2006 International Building Code (IBC) on September 3, 2009, and he passed the City of Fort Collins amendment exam covering the 2009 code year on April 28, 2011. Packet Pg. 26 Agenda Item 3 Item 3, Page 2 RELEVANT CITY CODE SECTIONS Sec. 15-157. - Supervisor certificate; fees; examinations; renewals. (b) Prior to issuance of a building permit to the holder of any contractor license specified in this Article, the holder of said license shall possess a supervisor certificate or shall have employed at least one (1) supervisor who has obtained a certificate for the specific class or specialized trade specified in this Article required to perform the scope of construction described on said permit. A supervisor certificate is valid for a period of two (2) years from the date of issuance and the biennial fee for such certificate is twenty-five dollars ($25.). Supervisors shall observe reasonable standards of attendance on construction sites as necessary to perform adequate supervision of such construction as further specified in § 15-161 of this Article. (c) Prior to obtaining a supervisor certificate, except as provided otherwise in this Article, an applicant for such certificate shall have passed a written examination administered or approved by the City or the equivalent of such examination as determined by the Building Official. Every applicant who undergoes a written examination administered by the City shall pay a nonrefundable examination fee of seventy-five dollars ($75.) prior to such examination. Any applicant who fails to achieve a minimum score of seventy-five (75) percent shall be entitled to another examination covering the same license class or specialized trade, provided that the applicant shall not be permitted more than two (2) such examinations within any six-month period unless otherwise approved by the Board. Alternatively, an applicant may be granted a third such examination within any six-month period upon the applicant demonstrating to the satisfaction of the Building Official adequate preparation for the examination by successfully completing a class or coursework covering the building code or other code as applicable, or the equivalent thereof as approved by the Building Official. The applicant shall pay a nonrefundable re-examination fee of fifty dollars ($50.) for each subsequent examination covering the same license class or specialized trade. Examinations shall be given at a time and place designated by the Building Official. The written examination for a supervisor certificate may be waived by the Building Official provided that the applicant can prove that he or she has passed a satisfactory written examination equivalent in scope to that administered by the city. (d) A supervisor certificate may be renewed provided that the biennial fee is paid, and renewal occurs within sixty (60) days following the anniversary date such certificate was issued, and further provided that the adopted building code or other applicable code over which an examination was administered remains in effect at the time of renewal. When such adopted code over which the renewing certificate holder passed an examination has been substantially revised prior to the time of such renewal, the certificate holder must attest and certify, on a form provided by the city, that he or she has received and reviewed a copy of the City's latest amendments or has attended a city-provided training class. The holder of an expired certificate may be reissued such certificate by submitting a new application and paying all applicable fees as set forth in § 15-158. Such applicant shall not be required to pass an examination as prescribed in Subsection (c) above, provided that the adopted building code or other applicable code over which such applicant passed an examination remains in effect at the time the renewed certificate is obtained. (e) The Building Official may grant a temporary supervisor certificate valid for thirty (30) days without an examination based upon individual extraordinary circumstances and upon finding that any petitioner for such certificate is otherwise qualified. Any person seeking such temporary certificate must submit a written request describing in detail the justification for such certificate and a completed application for a supervisor certificate, including all necessary fees as provided in § 15-158. (Ord. No. 75, 1987, § 1, 5-5-87; Ord. No. 108, 1992, § 6, 11-3-92; Ord. No. 120, 1995, 10-3-95; Ord. No. 36, 2001, 3-6-01; Ord. No. 122, 2012 , § 5, 11-20-12) Packet Pg. 27 Agenda Item 3 Item 3, Page 3 Sec. 15-158. - Applications; review; issuance. (a) Prior to being issued any license or certificate specified in this Article, all applicants for such license or certificate shall complete and submit to the Building Official an application containing the following information: (c) Subject to the qualification requirements of § 15-159 and subject to any applicable variances which may have been granted by the Board pursuant to § 15-156 and provided further that the applicant has not committed any acts described in § 15-162 of this Article without the Board having first conducted a hearing and having made a determination regarding the applicant's fitness to be granted a license or supervisor certificate, the Building Official shall issue to the applicant the license or supervisor certificate applied for upon receipt of all of the following: (1) Evidence of a passing score on the applicable written examination or equivalent as specified in this Article; (2) Payment of the applicable fee; (3) Written proof of general liability and workers' compensation insurance as required in this Article; and (4) All documents required to be provided in Subsection (a) above. Sec. 15-160. - License classifications; fees; renewals. (a) The particular contractor license required, and corresponding maximum scope of construction authorized under each license is described hereunder. All licenses are valid for a period of two (2) years from the date of issuance, and the fee for each license is two hundred dollars ($200.). A license may be renewed provided that said biennial fee is paid within sixty (60) days following the anniversary date such license was issued. When the license fee is not paid within such sixty- day period, the license shall expire and is not eligible for renewal. The holder of an expired license may be reissued such license by submitting a new application and paying all applicable fees as set forth in § 15-158. RECOMMENDATION Staff recommends denial of this item based on provided code sections. City Code Sections 15-174, 15-158, and 15-160 prohibit the Building Official from granting a renewal to Mr. Doll’s license and supervisor certificate absent a variance from the Code.0F1 City Code Section 2-173 governs whether a variance is appropriate. Under that section, the Commission should examine whether: (a) The Code imposes peculiar or exceptional practical difficulties to the applicant; (b) The Code imposes undue hardship on the applicant; (c) The applicant demonstrates to the BRC’s satisfaction that it possesses other qualifications not specifically listed in the Code that the BRC determines qualify the applicant to perform competently. The Commission should also consider whether a variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the Code. Here, based on the materials staff has reviewed thus far, there does not appear to be any basis to conclude that Mr. Doll has faced peculiar or exceptional practical difficulties or undue hardship. He was nearly two years late in submitting his renewal application. The examinations that Mr. Doll has passed are out-of-date, and staff is unaware of other qualifications that would warrant a variance. 1 Staff notes that Mr. Doll remains eligible to apply for a new license and certificate under the Code. However, this full application would require a higher fee ($300 rather than $225), together with recent examination results for a license renewal and documents to verify the applicant’s eligibility. Packet Pg. 28 Agenda Item 3 Item 3, Page 4 ATTACHMENTS 1. Appeal form 2. Appellant’s materials 3. Email – Notice of Incompleteness 4. Appellant’s renewal application Packet Pg. 29 $SSHDO)HH 3DLGYLD&&$SSURYDO ,QYRLFH%5% 2&72%(5$0 0$5&86&2/',521&+,()%8,/',1*2)),&,$/ ITEM 3, ATTACHMENT 1 Packet Pg. 30 October 17, 2023 Attention: Building Appeals Commission Re: License Renewal - Doll Construction Inc., David Doll To whom it may concern; My name is David Doll, I have been in the building industry in northern Colorado for 40+ years. I started out in the field at 18 years old working concrete and framing, from there I worked my way up into a foreman position and soon after a supervisor’s position. I have extensive experience in all phases of residential and commercial construction. I have learned the building industry from the ground up and continue to learn each day in the field. I have constructed many new homes as a supervisor for other contractors in the area, and I myself have built numerous customs homes in the area under my own contractors’ license. My business is now primarily residential and commercial remodels and additions. My commercial experience includes tenant finishes, office and industrial expansion, building flex warehouse space, the construction of the Hiatt Farms Montessori school in Larimer County near Loveland, and an addition and remodel of the historic Bonell Building located in Loveland. In all of my years as a contractor in Fort Collins, Loveland, Greeley, Windsor, Larimer County and Weld County, I have not had one concern or complaint with any of the building departments. I recognize I inadvertently allowed my contractor’s license in Fort Collins to expire and respectfully request you consider renewing my contractor’s license, as in the past, prior to new enacted policies. I currently hold a commercial contractor’s license in the City of Loveland and with Larimer County. Right now, I have additional construction opportunities in Fort Collins, to support the growth, increase the value of buildings in the area and the pride that comes owning a home or business. Accordingly, I’m asking the Building Appeals Commission to grant me grace, extending an exception and renew my contractor license based on my extensive experience, letters of recommendation, and desire to support the community. ITEM 3, ATTACHMENT 2, APPELLANT'S MATERIALS Packet Pg. 31 I currently have several project opportunities in Ft Collins hinging on the renewal of my contractor license. They include a contract for a kitchen remodel at 4118 Stoneridge Ct., a rear porch removal and rebuild to comply with current building standards and codes at 1101 W Mountain Ave., a detached garage at 608 Whedbee and a kitchen remodel at 5727 Falling Water Dr. All of my clients are anxious to get their projects started. I too am anxious to begin these projects, as this is how I make my living and it will be my source of income for the next 6-9 months. Without my contractor’s license I cannot make a living. Attached please find several letters of recommendation from engineers, designers, and trades people that I work with, speaking to my experience, skill, achievements, and character for you to take into consideration when making your decision. Thank you for your consideration in this matter Respectfully, David Doll David Doll ITEM 3, ATTACHMENT 2, APPELLANT'S MATERIALS Packet Pg. 32 ITEM 3, ATTACHMENT 2, APPELLANT'S MATERIALS Packet Pg. 33 ITEM 3, ATTACHMENT 2, APPELLANT'S MATERIALS Packet Pg. 34 ITEM 3, ATTACHMENT 2, APPELLANT'S MATERIALS Packet Pg. 35 To Whom it may concern, I am writing this letter on behalf of Dave Doll and Doll Construction. Dave Doll is the best General Contractor I have worked with in the past 20 years. It would be a complete travesty if Dave wasn’t able to renew his license with the City of Fort Collins. Dave’s workmanship, building experience, professionalism and commitment to our clients’ project delivery is why I am writing this letter. Please give him the opportunity to renew his license so we can continue to do great work together in our community. Thank you for considering and please email or call me if you have any questions. Nowell Vincent nowell@nowellvincentinteriors.com 9708299233 ITEM 3, ATTACHMENT 2, APPELLANT'S MATERIALS Packet Pg. 36 STRAIGHT LINE DESIGN, INC. 5724 Sacajawea Way October 14, 2023 Loveland, CO 80537 (970) 461-3700 To: City of Fort Collins, Colorado Building Review Commission 300 LaPorte Avenue Fort Collins, Colorado 80522 My name is Scott A. Skeen, president of Straight Line Design, Inc. (SLD). Our company has been in business approximately twenty-two (22) years and we provide architectural design and structural engineering services for contractors throughout northern Colorado and southern Wyoming. This letter is being provided in regards to Mr. Dave Doll and the City of Fort Collins, Colorado contractor’s license for Doll Construction, Inc. Doll Construction, Inc. has been a client of SLD for approximately Fifteen (15) years. We have provided services for Doll Construction, Inc., including custom home construction, residential remodels, detached garages, pole buildings and structural evaluations. It is our opinion that Mr. Doll exhibits great knowledge and skill in regards to construction methods and procedures. I am confident that all work will be completed in a professional manner and if issues arise during the construction phase of a project, Mr. Doll will notify our office for further recommendations and/or opinions. I would personally recommend Doll Construction, Inc. for various types of construction and would be confident that all work would be completed properly and professionally. Please contact our office of you have any questions regarding Mr. Doll and Doll Construction, Inc. Sincerely, Scott A. Skeen, President Straight Line Design, Inc. SCOTT A. SKEEN ITEM 3, ATTACHMENT 2, APPELLANT'S MATERIALS Packet Pg. 37 From:Contractor Licensing To:dollcon1@gmail.com Subject:RE: Doll Construction, Inc.--City of Fort Collins Class C1 license reinstatement application---Notice of Incompleteness Date:Tuesday, September 5, 2023 3:51:34 PM Attachments:Scanned from a Xerox Multifunction Printer - 2023-09-05T155048.570.pdfDear Mr. Doll:We have reviewed your application for Class C1 license reinstatement. Reinstatement isrequired as the license and supervisor's certificate expired on 9/26/2021. Yourapplication is incomplete pending receipt of currently-required testing (ICC F12 or G12exam pass).Please provide an Official Results Report of an F12 or G12 passing grade from ICC. Alternatively, you may appeal the testing requirement to the Building ReviewCommission by filing an appeal form (see attached).Please let us know how you wish to proceed.Sincerely, City of Fort Collins Contractor Licensing 970-224-6165 ITEM 3, ATTACHMENT 3 Packet Pg. 38 ITEM 3, ATTACHMENT 4 Packet Pg. 39 ITEM 3, ATTACHMENT 4 Packet Pg. 40 ITEM 3, ATTACHMENT 4 Packet Pg. 41 ITEM 3, ATTACHMENT 4 Packet Pg. 42 ITEM 3, ATTACHMENT 4 Packet Pg. 43 ITEM 3, ATTACHMENT 4 Packet Pg. 44 ITEM 3, ATTACHMENT 4 Packet Pg. 45 Agenda Item 4 Item 4, Page 1 STAFF REPORT October 26, 2023 Building Review Commission STAFF Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official SUBJECT REQUEST FOR VARIANCE TO PROJECT VERIFICATIONS REQUIRED FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE EXECUTIVE SUMMARY Mr. Gabriel Vasquez of Hartford Construction, LLC (“Hartford”) is requesting a variance to the project verification requirement to obtain a license and supervisor’s certificate. BACKGROUND The City Code requires that an applicant for a license or supervisor certificate provide documents to verify that he or she has acted in the principal role of contractor of primary project supervisor on at least three projects. However, It is not possible to satisfy the letter of this requirement by relying on projects that were completed within the City of Fort Collins because the license/supervisor certificate itself is required to serve as a contractor or project supervisor in the first place. Since July 18, 2017, Hartford has held a Class B license and supervisor’s certificate, which belongs to Mr. Charlie Atwood. Since December 11, 2019, it has also held a Class C2 license and supervisor’s certificate, which belongs to Mr. Jonathan Tschetter. Hartford has completed all permitting under the Class B license and supervisor’s certificate. Mr. Vasquez recently applied for a new Class C2 license and supervisor’s certificate. His application listed project verifications from within the City of Fort Collins, on which Charlie Atwood was the principal contractor and certificate-holder. Mr. Atwood is affiliated with Mr. Vasquez, and the two may have worked together on these projects. Nevertheless, the application does not satisfy the letter of the code section and was therefore denied. Mr. Vasquez now appeals the denial. He is applying for a variance from the project verification requirement so that he can use projects on which he was not principal contractor or supervisor to satisfy the requirement. It is not entirely clear what role Mr. Vasquez played on these projects. Packet Pg. 46 Agenda Item 4 Item 4, Page 2 RELEVANT CITY CODE SECTIONS Sec. 15-158. - Applications; review; issuance. (a) Prior to being issued any license or certificate specified in this Article, all applicants for such license or certificate shall complete and submit to the Building Official an application containing the following information: (2) Documents verifying that the applicant has acted in the principal role of contractor or primary project supervisor on no less than three (3) separate completed building construction or specialized trade projects. A person other than the applicant must sign such documents, and the same person cannot be the signatory on all three (3) documents. Said signatory shall be a project owner, contractor, architect or professional engineer directly involved in the construction of said project and said person shall have worked directly with the applicant. RECOMMENDATION The written application materials leave it unclear whether a variance may be appropriate in this case. City Code Section 2-173 provides the standard for a variance. Under that section, the Commission should examine whether: (a) The Code imposes peculiar or exceptional practical difficulties to the applicant; (b) The Code imposes undue hardship on the applicant; (c) The applicant demonstrates to the BRC’s satisfaction that it possesses other qualifications not specifically listed in the Code that the BRC determines qualify the applicant to perform competently. The Commission should also consider whether a variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the Code. Here, based on his application materials, Mr. Vasquez cannot strictly comply with Section 15-158. He has no contractor license or supervisor’s certificate and therefore cannot demonstrate that he ever served as a principal contractor or supervisor on any projects within the City of Fort Collins. His application materials list no projects outside City limits. And he cannot rely on Mr. Atwood’s experience alone. However, staff is cognizant of the difficulty Section 15-158 imposes on new entrants to this industry whose only experience is within City limits. Mr. Vasquez’s application materials leave it unclear whether and to what extent he may possess other qualifications that would warrant the provision of a license and/or certificate in this case. Though staff cannot recommend a variance here, it does recommend that the BRC carefully consider the substance of Mr. Vasquez’s experience in deciding this matter. ATTACHMENTS 1. Appeal form 2. Appellant information 3. Email – Notice of incompleteness with appellant questions 4. Contractor licensing application packet Packet Pg. 47 $SSHDO)HH3DLGYLD&&$SSURYDO ,QYRLFH%5% 2&72%(5$0 0$5&86&2/',521&+,()%8,/',1*2)),&,$/ ITEM 4, ATTACHMENT 1 Packet Pg. 48 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 49 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 50 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 51 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 52 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 53 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 54 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 55 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 56 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 57 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 58 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 59 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 60 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 61 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 62 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 63 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 64 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 65 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 66 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 67 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 68 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 69 ITEM 4, ATTACHMENT 2, APPELLANTS' MATERIALS Packet Pg. 70 From:Sharlene Manno To:Contractor Licensing Subject:FW: Hartford Homes---City of Fort Collins Class C2 contractor license application for Gabriel Vasquez---Notice of Incompleteness Date:Thursday, September 28, 2023 11:10:31 AM Attachments:image001.png image007.png Shar Manno Administration Services Manager Community Development & Neighborhood Services 970.221.6767 smanno@fcgov.com From: Jon Tschetter <jon@hartfordco.com> Sent: Thursday, September 28, 2023 8:13 AM To: Contractor Licensing <Contractor_licensing@fcgov.com> Cc: Sharlene Manno <smanno@fcgov.com> Subject: [EXTERNAL] RE: Hartford Homes---City of Fort Collins Class C2 contractor license application for Gabriel Vasquez---Notice of Incompleteness Thank you for the response. Can you provide me the information needed to get before the Building review Commission? As well as the information that states verification must come from outside the city? Shar would love to discuss with you as well. Thanks JT Jon Tschetter VP of Construction 4801 Goodman Road Timnath, CO 80547 jon@hartfordco.com 970.222.8200 (Mobile) Voted Best Builder in the Western US by AVID!! From: Contractor Licensing <Contractor_licensing@fcgov.com> Sent: Thursday, September 28, 2023 8:08 AM To: Jon Tschetter <jon@hartfordco.com> Subject: Re: Hartford Homes---City of Fort Collins Class C2 contractor license application for Gabriel Vasquez---Notice of IncompletenessMr. Tschetter,The short answer is that experience needs to be acquired in jurisdictions outside the City of Fort Collins. The City has made the choice to requirecontractors to have prior experience performing the work for which they would be licensed in the City of Fort Collins before they can secure a license todo that work in Fort Collins.The reason we cannot accept City of Fort Collins project verifications is that if a person is not already licensed in the City of Fort Collins to perform thework for which they are applying, they should not have been performing (and taking credit for) the work that was issued under someone else's licenseand certificate. These situations can create a host of problems for the license holder/supervisor under whose name the work was supposed to havebeen performed. If the applicant wishes to pursue this avenue before the Building Review Commission, that is his choice.Sincerely, City of Fort Collins Contractor Licensing 970-224-6165 From: Jon Tschetter <jon@hartfordco.com> Sent: Wednesday, September 27, 2023 2:21 PM To: Contractor Licensing <Contractor_licensing@fcgov.com> Cc: Sharlene Manno <smanno@fcgov.com> Subject: [EXTERNAL] RE: Hartford Homes---City of Fort Collins Class C2 contractor license application for Gabriel Vasquez---Notice of Incompleteness Thank you for the response. Reviewing the online information, I do not see anywhere where it specifically sates the projects must be outside of Fort Collins. How does someone whose career is exclusively in Fort Collins ever obtain license if this is the case? Is this something that would have to go to the board of appeals? ITEM 4, ATTACHMENT 3 Packet Pg. 71 Thanks JT Jon Tschetter VP of Construction 4801 Goodman Road Timnath, CO 80547 jon@hartfordco.com 970.222.8200 (Mobile) Voted Best Builder in the Western US by AVID!! From: Contractor Licensing <Contractor_licensing@fcgov.com> Sent: Wednesday, September 27, 2023 1:52 PM To: Jon Tschetter <jon@hartfordco.com> Subject: Re: Hartford Homes---City of Fort Collins Class C2 contractor license application for Gabriel Vasquez---Notice of Incompleteness Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.Good afternoon. We have reviewed the application and found it incomplete, as follows: 1. The three (3) project verification (PV) forms are all for City of Fort Collins projects. PV forms must be for projects located outside the City of Fort Collins, but can be from anywhere else in the United States. Please see attached "clean" PV forms for your use. Once the above-listed items are received, we can continue processing the applications. Sincerely, City of Fort Collins Contractor Licensing 970-224-6165 From: Jon Tschetter <jon@hartfordco.com> Sent: Tuesday, September 26, 2023 3:21 PM To: Contractor Licensing <Contractor_licensing@fcgov.com> Cc: Sharlene Manno <smanno@fcgov.com>; Gabe Vasquez <vaquezgabe17@yahoo.com> Subject: [EXTERNAL] C2 Application Gabriel Vasquez Please find attached the completed application for Gabriel Vasquez C2. Thanks JT Jon Tschetter VP of Construction 4801 Goodman Road Timnath, CO 80547 jon@hartfordco.com 970.222.8200 (Mobile) Voted Best Builder in the Western US by AVID!! Disclaimer ITEM 4, ATTACHMENT 3 Packet Pg. 72 The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. ITEM 4, ATTACHMENT 3 Packet Pg. 73 ITEM 4, ATTACHMENT 4 Packet Pg. 74 ITEM 4, ATTACHMENT 4 Packet Pg. 75 ITEM 4, ATTACHMENT 4 Packet Pg. 76 ITEM 4, ATTACHMENT 4 Packet Pg. 77 ITEM 4, ATTACHMENT 4 Packet Pg. 78 ITEM 4, ATTACHMENT 4 Packet Pg. 79 ITEM 4, ATTACHMENT 4 Packet Pg. 80 ITEM 4, ATTACHMENT 4 Packet Pg. 81 ITEM 4, ATTACHMENT 4 Packet Pg. 82 ITEM 4, ATTACHMENT 4 Packet Pg. 83 ITEM 4, ATTACHMENT 4 Packet Pg. 84 ITEM 4, ATTACHMENT 4 Packet Pg. 85 ITEM 4, ATTACHMENT 4 Packet Pg. 86 ITEM 4, ATTACHMENT 4 Packet Pg. 87 ITEM 4, ATTACHMENT 4 Packet Pg. 88 ITEM 4, ATTACHMENT 4 Packet Pg. 89 ITEM 4, ATTACHMENT 4 Packet Pg. 90 ITEM 4, ATTACHMENT 4 Packet Pg. 91 Agenda Item 5 Item 5, Page 1 AGENDA ITEM SUMMARY OCTOBER 26, 2023 Building Review Commission STAFF Marcus Coldiron, Chief Building Official SUBJECT BRC 2024 ANNUAL WORK PLAN EXECUTIVE SUMMARY City Code requires all boards and commissions to file work plans on or before November 30 for the following year. According to the Boards and Commissions Manual, work plans should set out major projects and issues for discussion for the following year. The purpose of this item is to approve the 2024 Annual Work Plan of the Building Review Commission. ATTACHMENTS 1. BRC 2024 Annual Work Plan Packet Pg. 92 Community Development & Neighborhood Services Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax 2024 Annual Work Plan Building Review Commission The Building Review Commission will continue to meet on the last Thursday of each month when there are public discussion or hearing items placed on the regular monthly agenda. The Commission may also meet as needed in order to convene special hearings. Staff anticipates that the Building Review Commission will hear several appeals by contractor license applicants who do not strictly meet the qualification criteria specified in the City Code. Under its quasi-judicial review authority, the Commission is empowered to grant variances from such criteria when it determines there are practical difficulties or that an undue hardship would be imposed on the applicant; or, when the Commission determines the applicant has sufficient specialized training, education, or additional relevant experience. The Commission is also empowered to render disciplinary action, including suspension or revocation of regulated contractor licenses, under which any specified infractions listed in the regulations are committed. Additionally, in its code appellate function, the Commission may hear appeals from strict application of the building codes or from an interpretation of the codes by the Building Official. The Commission will continue to hear cases involving challenges to the Building Official’s interpretation of the adopted building codes, as well as the adopted International Property Maintenance Code (IPMC). In its advisory capacity, the Commission is expected to participate as a member of the Code Adoption Review Committee in the review of the international series of codes. The Commission will be asked to make recommendations to Council regarding any suggested revisions based on local conditions and community priorities. 2024 Agenda: 1.Adoption of the 2024 International codes. a.Staff review will begin at the end of 2023, early 2024. b.Code Adoption Review Committee to be established in spring 2024. c.Present to Boards and Commissions throughout late summer/fall 2024. d.Present to Council for adoption at the end of 2024. 2.Update contractor licensing ordinance as time allows. ITEM 5, ATTACHMENT 1 Packet Pg. 93 Building Review Commission – 2024 Annual Work Plan Page 2 November 26, 2023 _____________________________________ ___________________________ Alan Cram, Chair Date of Approval Building Review Commission ITEM 5, ATTACHMENT 1 Packet Pg. 94