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HomeMy WebLinkAbout12/14/2023 - Building Review Commission - AGENDA - Regular MeetingPage 1 Alan Cram, Chair Location: Eric Richards, Vice Chair REMOTE ONLY Gabe Dunbar Via Zoom Shaun Moscrip Casey Roberts Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official AGENDA DECEMBER 14, 2023 9:30 AM Building Review Commission This remote Building Review Commission meeting will be available online via Zoom or by phone. No Commission members shall attend in person. The meeting will be available to join beginning at 9:00 a.m. Participants should try to join at least 15 minutes prior to the 9:30 a.m. start time. ONLINE PUBLIC PARTICIPATION: You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom at: https://fcgov.zoom.us/j/91695545626 • (Using earphones with a microphone will greatly improve your audio). Keep yourself on muted status. • For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to comment. PUBLIC PARTICIPATION BY PHONE: • Please dial 253-215-8782 and enter Webinar ID 916 955 456 26. Keep yourself on muted status. • For public comments, when the Chair asks participants to click the “Raise Hand” button if they wish to speak, phone participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Commission. When you are called, hit *6 to unmute yourself. IF YOU ARE UNABLE TO PARTICIPATE ONLINE OR BY PHONE: Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone may: 1) Email comments to mmatsunaka@fcgov.com at least 48 hours prior to the meeting. If your comments are specific to any of the discussion items on the agenda, please indicate that in the subject line of your email. Staff will ensure your comments are provided to the Commission. Documents to Share: Any document or presentation a member of the public wishes to provide to the Commission for its consideration must be emailed to mmatsunaka@fcgov.com at least 48 hours before the meeting. Packet Pg. 1 Page 2 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 OCTOBER 26, 2023 The purpose of this item is to consider approval of the minutes from the October 26, 2023 regular meeting of the Building Review Commission. 2. PROPOSED MIDCYCLE CODE CHANGE: PLUMBING FIXTURE PERMIT EXEMPTION DESCRIPTION: Staff are requesting a code amendment to exempt toilets and other plumbing fixture replacements from the permit process due to the following: Colorado State Plumbers Practice Act doesn’t require permits for this type of work, very few fixture replacements currently apply for a permit, there are no concerns with life/safety, and requiring permits create additional barriers and cost impacts to improving indoor water efficiency. STAFF: Marcus Coldiron, Chief Building Official • OTHER BUSINESS • ADJOURNMENT Packet Pg. 2 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY DECEMBER 14, 2023 Building Review Commission STAFF Melissa Matsunaka, Sr. Project Coordinator SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OCTOBER 26, 2023 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the October 26, 2023 meeting of the Building Review Commission. ATTACHMENTS 1. BRC October 26, 2023 Minutes - DRAFT Packet Pg. 3 City of Fort Collins Page 1 October 26, 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 October 26, 2023 A regular meeting of the Building Review Commission was held on Thursday, October 26, 2023, at 9:00 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 9:00 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 OCTOBER 26, 2023 MEETING. Commissioner Richards moved to approve the minutes of the October 26, 2023, meeting. Commissioner Zimmerman seconded. The motion passed 6-0. [Timestamp: 9:03 a.m.] Building Review Commission ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 4 City of Fort Collins Page 2 October 26, 2023 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. 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 Robert Brooks, owner, Evident Solar, LLC, introduced himself. Chair Cram outlined the hearing procedure. Staff Presentation Sharlene Manno, Manager, Customer Support, Community Development & Neighborhood Services, gave the background of City Code Sections 15-160(d) which affords the the Building Official the authority to set testing and certification requirements for a supervisor certificate. Ms. Manno explained that the current contractor testing standards have been in place since 2012. These standards require a NABCEP certification in order to hold a supervisor’s certificate. She noted that 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. The former employee holds a state- issued Master Electrician’s license, rather than the required NABCEP certification. Ms. Manno explained that on October 12, 2023, Evident Solar 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. Ms. Manno read through the relevant City Code Sections 15-158(c)(1) and Section 15-160(d), in detail for the Commission. Ms. Manno stated that staff recommends denial of Mr. Davison’s appeal because Evident Solar is relying on the qualifications of an unaffiliated third party, and that the City does not accept a state-issued master electrician’s license as a substitute for NABCEP certification. Ms. Manno discussed Commission options in this matter, including granting a variance. [Timestamp: 9:11 a.m.] Appellant Presentation Mr. Brooks discussed his qualifications and background. He discussed the circumstances of the former employee leaving his company. He outlined his understanding of the Colorado State Rule or Ordinance that treats any level of electrician on equal footing as a NABCEP holder, regarding solar installations. Mr. Brooks noted that he has a new supervisor lined up but not yet hired, who is qualified under the relevant City Code Sections for solar installations. Mr. Brooks discussed that the City has recently changed the requirements to perform solar installations . ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 5 City of Fort Collins Page 3 October 26, 2023 Staff Rebuttal Ms. Manno explained that the relevant City Code has not changed; a master electrician is not allowed to hold a supervisor’s certificate license. She noted that the City has always required the NABCEP certification. Appellant Rebuttal Mr. Brooks asked City staff questions about his supervisor’s certificate. Commission Questions and Discussion Commissioner Moscrip asked Chris Hayes, CAO, for guidance on how Colorado Revised Statute 40- 2-128 guides or supplants our City Code. Mr. Hayes provided his explanation on the matter. Chair Cram expressed his concern that Evident Solar has completed several installations without a permit and has four violations on his record. Chair Cram indicated that he believes Evident Solar needs to get the relevant certifications or an employee with the proper certifications to perform solar installations. Commissioner Roberts asked Mr. Brooks to discuss how long the former employee was working for Evident Solar. Mr. Brooks noted that the former employee had an active certificate in 2018 or 2019. Commissioner Roberts asked Mr. Brooks about the date of separation regarding the former employee. Mr. Brooks indicated that Evident Solar and the employee separated in July 2023. They discussed the certificate had been expired for over a year and the process Mr. Brooks took to renew the certificate. They further discussed using the former employee’s credentials when Mr. Brooks submitted his reapplication packet. Ms. Manno clarified that she has not received any materials on Mr. Brooks potential new employee. She noted the timeframe she received the application packet. Commissioner Roberts asked Mr. Brooks for clarification on the violations and work completed without a permit. Mr. Brooks indicated that he was unable to recall any such instances. Commissioner Richards asked City staff to discuss the renewal process, timeframes, and whether Evident Solar’s lack of NABCEP certification should have been flagged earlier. Ms. Manno replied that it possibly should have been caught before but depends on the Chief Building Official at the time. She noted that four CBO’s have been in place during the relevant timeframe. Mr. Brooks expressed his willingness to get the NABCEP certification himself, however he discussed the hardship in taking the course and exam. Commissioner Richards asked Mr. Brooks to detail his electrical or electrician background. Mr. Brooks noted that he is an electrical engineer that performs solar installations. Commissioner Dunbar asked the City to discuss all other necessary steps, besides the NABCEP certification, that Mr. Brooks would need to complete to get his supervisor certificate. Ms. Manno explained the process. Chair Cram asked for the Commission to make a motion. Commissioner Zimmerman moved that the Building Review Commission DENY Mr. Brook’s request for a variance, finding that the requirements of the Code do not impose peculiar or exceptional practical difficulties to the applicant, and the requirements of the Code do not impose undue hardship to the applicant, and the applicant has not demonstrated that he possesses other qualifications not specifically listed in the Code, further, the requisite projects have not been submitted or verified, and the required testing has not been completed. Commissioner Roberts seconded. The motion passed 5-1. [Timestamp: 9:34 a.m.] ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 6 City of Fort Collins Page 4 October 26, 2023 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 Dave Doll, owner, Doll Construction Inc., introduced himself. Chair Cram outlined the hearing procedure. Staff Presentation Sharlene Manno, Manager, Customer Support, Community Development & Neighborhood Services, 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 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. She noted that 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. Ms. Manno explained that 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. She discussed that 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. Ms. Manno provided the additional information that 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. Ms. Manno read through the relevant City Code Sections 2-173, 15-174, 15-157, 15-158, and 15-160, in detail for the Commission. Ms. Manno stated that staff recommends denial of Mr. Doll’s appeal based on those relevant code sections. Ms. Manno discussed Commission options in this matter, including granting a variance. [Timestamp: 9:50 a.m.] ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 7 City of Fort Collins Page 5 October 26, 2023 Appellant Presentation Mr. Doll discussed his qualifications and letters of recommendation submitted to the Commission. He noted that most of his clients are repeat clients from the past twenty years in Northern Colorado. Mr. Doll indicated that he hires experienced subcontractors. He discussed his unlimited license in Loveland, and license in Larimer County. He noted that he does not have any violations in any jurisdiction. He noted that he does not deny that his City of Fort Collins license has expired. Mr. Doll provided information about his current and future projects within the City of Fort Collins, Loveland, Larimer County, and Weld County. Mr. Doll requested the Commission grant a variance based upon his qualifications and lack of violations. Staff Rebuttal Ms. Manno confirmed that Mr. Doll had previously renewed his licenses on time. Appellant Rebuttal Mr. Doll discussed that it is an odd situation that he has not pulled a permit in the City in the past two years, so that he may have been able to catch the lapse sooner. Commission Questions and Discussion Commissioner Richards and Mr. Doll discussed Mr. Doll receiving a notice of renewal. Commissioner Zimmerman asked Mr. Doll to explain Mr. Doll’s reasoning is not wanting to take the updated testing that the City has required for reapplication. Mr. Doll described that the time required to achieve a passing score would prevent Mr. Doll from starting and completing his projects in a timely manner. Commissioner Richards asked Mr. Doll to discuss Mr. Doll’s last passing exam. Mr. Doll confirmed that the 2009 code year was his most recent exam. Mr. Doll has kept updated on the code updates and requirements through the local jurisdiction’s newsletters. Commissioner Richards and Ms. Manno discussed the testing requirements for a licensee that has not gone past their sixty-day grace period for a renewal. Ms. Manno discussed the process and procedure during a reinstatement, past the sixty-day grace period. Commissioner Dumbar and Mr. Doll discussed Mr. Doll’s previous projects in the City. Mr. Doll noted that he has completed remodels and additions. He completes interior and exterior remodels to residential homes. He noted that he has completed custom homes outside of the City. He discussed completing several Montessori school buildings in Windsor. He would like to complete a kitchen/office/living room remodel in the City. Ms. Manno asked Mr. Doll to clarify Mr. Doll’s capacity on 316 Wood Street. They discussed that Mr. Doll is acting as the superintendent on the project. They discussed that the permit for the project is under William Rogers, who holds the supervisor’s certificate for Rogers Construction. Mr. Doll explained that he is running the project for Mr. Rogers. Ms. Manno asked if Mr. Doll understood that because Mr. Doll is not currently licensed, Mr. Doll is in violation of City Code. Mr. Hayes, CAO, clarified that the issue of a potential violation has not been noticed for this meeting. Chair Cram asked for the Commission to make a motion. Commissioner Richards moved that the Building Review Commission DENY Mr. Doll’s request for a variance, finding that the requirements of the Code do not impose peculiar or exceptional practical difficulties to the applicant, and the requirements of the Code do not impose undue hardship to the applicant, and the applicant has not demonstrated that he possesses other qualifications not specifically listed in the Code, and Mr. Doll does not have the requisite testing required by the City. Commissioner Zimmerman seconded. The motion passed 6-0. [Timestamp: 10:09 a.m.] ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 8 City of Fort Collins Page 6 October 26, 2023 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 Gabriel Vasquez, applicant, introduced himself. Commissioner Moscrip disclosed that Mr. Vasquez was a former student of Commissioner Moscrip, but Moscrip does not have a conflict of interest in this matter. No persons present objected to this disclosure. Staff did not object. Chair Cram outlined the hearing procedure. Staff Presentation Sharlene Manno, Manager, Customer Support, Community Development & Neighborhood Services, gave the background that 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. Ms. Mannon explained that 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. Ms. Manno noted that Hartford has completed all permitting under the Class B license and supervisor’s certificate. Ms. Manno indicated that 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. Ms. Manno discussed that Mr. Atwood is affiliated with Mr. Vasquez, and the two may have worked together on these projects. Ms. Manno noted that the application does not satisfy the letter of the code section and was therefore denied. Ms. Manno discussed that Mr. Vasquez appealed 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. Ms. Manno read through the relevant City Code Sections 2-173, 15-158, in detail for the Commission. Ms. Manno discussed Commission options in this matter, including granting a variance. However, staff is cognizant of the difficulty Section 15-158 imposes on new entrants to this industry whose only experience is within City limits. She noted that 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. Ms. Manno noted that 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. [Timestamp: 10:25 a.m.] ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 9 City of Fort Collins Page 7 October 26, 2023 Appellant Presentation Mr. Vasquez discussed his background and education. He discussed the City’s project verification requirement is unrealistic for a younger superintendent, who is new to the industry. He explained that he had been hired by Hartford Homes to complete projects in Fort Collins. He discussed that the project verification requirement, which requires projects from outside the City, is an undue hardship. He requested a variance to the City’s requirement. Staff Rebuttal Ms. Manno noted that Mr. Vasquez has experience outside the City with Richmond Home. She indicated that Mr. Vasquz would be able to obtain a license using some of his previous projects, however, the license he would be able to obtain is not the C-2 license he is seeking in this current matter. She noted that Mr. Vasquez has experience with single-family residential. Mr. Vasquez is seeking a C-2 license to be able to build multi-family residential. Ms. Manno discussed the project verification requirements in adjacent jurisdictions. Appellant Rebuttal None. Commission Questions and Discussion Commissioner Roberts and Mr. Vasquez discussed Mr. Vasquez’s work history with Hartford Homes. Commissioner Zimmerman and Mr. Vasquez discussed Mr. Vasquez’s role and responsibilities during the projects Mr. Vasquez submitted for verification. Mr. Vasquez noted that he was the lead superintendent, coordinated all on-site activities, was point of contact for the City and all subcontractors, and was responsible for safety management and safety planning. Commissioner Dunbar asked City staff for clarification on project verification requirements. Ms. Manno discussed the project verification forms and requirements. She noted the verification must come from an individual unaffiliated with the applicant or the applicant’s business. Commissioner Moscrip asked City staff for clarification on what is acceptable for verification. Ms. Manno discussed the requirements. Commissioner Moscrip noted the difficulties with requiring an unaffiliated superintendent to submit project verifications on behalf of an applicant, especially an individual who works within a limited geographical area. Commissioner Cram discussed the career path of a master plumber or electrician. He noted the difficulties with obtaining a C-2 license with project verifications from an unaffiliated individual. Jon Tschetter, Vice President, Harford Homes, discussed the letter of recommendation Mr. Vasquez submitted. Mr. Tschetter noted that Charlie Atwood, President, Harford Homes, and himself, have a combined seventy-five years of experience, with residential and commercial backgrounds. He noted that the City’s Building Department is highly respected and requiring workers to get project verifications from outside the City, in jurisdictions that do not have robust building departments, is nonsensical. He discussed the worker shortage crisis. He noted that requiring new workers to work outside the City to gain experience, is unfeasible in this instance. Commissioner Dunbar asked Mr. Vasquez if Mr. Vasquez would be able to submit required project verifications from projects within the City. Mr. Vasquez replied that he could. Commissioner Dunbar discussed the conundrum of meeting the required experience outside of the City. He would feel comfortable with requiring Mr. Vasquez to get project verifications from within the City, from individuals unaffiliated with Harford Homes. ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 10 City of Fort Collins Page 8 October 26, 2023 Commissioner Richards and Ms. Manno discussed the requirements of getting a supervisor’s certificate. Commissioner Roberts commented on the three project Mr. Vasquez would like to submit for project verifications. He noted that the projects are identical, or of the same construction and same design. Mr. Vaquez discussed that the three buildings are at different elevations. Chair Cram asked for the Commission to make a motion. Commissioner Roberts moved that the Building Review Commission GRANT Mr. Vasquez’s request for a variance, finding that the requirements of the Code imposes peculiar or exceptional practical difficulties to the applicant due to the applicant working within the City of Fort Collins. Mr. Vasquez shall have sixty days to provide acceptable project verifications, from individuals unaffiliated with Hartford Homes. The project verifications may come from projects within the City of Fort Collins. Commissioner Dunbar seconded. The motion passed 6-0. [Timestamp: 10:44 a.m.] 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 Staff Presentation Marcus Coldiron, Chief Building Official, gave the background that the 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. Mr. Coldiron presented and discussed the proposed 2024 Annual Work Plan. Commission Questions and Discussion Chair Cram commented on looking forward to updates to contractor licensing and the 2024 code updates. • OTHER BUSINESS None. • ADJOURNMENT Chair Cram adjourned the meeting at 10:51 am. Minutes prepared by and respectfully submitted by Melissa Matsunaka. ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 11 Agenda Item 2 Item 2, Page 1 STAFF REPORT December 4, 2023 Building Review Commission STAFF Marcus Coldiron, Chief Building Official SUBJECT PROPOSED MIDCYCLE CODE CHAGE: PLUMBING FIXTURE PERMIT EXEMPTION EXECUTIVE SUMMARY Staff are requesting a code amendment to exempt toilets and other plumbing fixture replacements from the permit process due to the following: Colorado State Plumbers Practice Act doesn’t require permits for this type of work, very few fixture replacements currently apply for a permit, there are no concerns with life/safety, and requiring permits create additional barriers and cost impacts to improving indoor water efficiency. BACKGROUND Chapter 5 of the Municipal Code requires a permit for the replacement of new fixtures, including new, high efficiency toilets. Plumbing contractors and the public frequently replace toilets and other fixtures without first receiving a permit; it is not commonly known that a permit is required. Staff believe a permit exemption for this type of activity is warranted; it would not create life/safety issues and aligns with the state’s requirements. It would also minimize barriers to improved indoor water efficiency throughout the city. One example of how the requirement for permits impacts water efficiency is the County’s Water and Energy program offered through a partnership with Fort Collins Utilities. The program provides energy efficiency and water conservation assessments and direct installation of various fixtures and products through the Larimer County Conservation Corp (LCCC). This no-cost program includes replacing toilets with high efficiency models (0.8 gallons per flush). While this program is available to all community members within Fort Collins, the priority is low-income households to best meet the needs of some of our most vulnerable residents. Every year, LCCC sets goals for home assessments to be completed each season. For the 2023-2024 season, the goal is to have 150 high efficiency toilets installed within the Fort Collins Utilities water service area. These toilets are purchased in bulk by LCCC and are installed by Corp members who have been trained in proper installation techniques. After becoming aware of the requirement to have a permit and inspection for toilet replacements, it was deemed to be cost prohibitive to proceed with toilet replacements with this program, costing up to $9,750 ($65 per permit) per season for permits. The permit cost would not be passed on to individual households, so City staff would need to determine budget adjustments. There is significant value in installing high efficiency toilets and fixtures and educating households on water conservation, not only for cost-savings to the resident, but to continue to meet the City’s Our Climate Future goals. Packet Pg. 12 Agenda Item 2 Item 2, Page 2 RELEVANT CODE SECTIONS 2021 IRC and IBC with proposed changes read as follows: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: ~ Plumbing 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets and the repair and replacement of garbage disposal units and dishwashers directly connected to the sanitary sewer system, including the necessary replacement of all tail pipes and traps, or the repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, and toilets, provided such repairs do not involve or require the replacement or rearrangement of valves or pipes or fixtures. STAFF RECOMMENDATION Approve proposed exemption to permitting for plumbing fixtures, including toilets, provided the repairs do not involve or require the replacement or rearrangement of valves or pipes. ATTACHMENTS N/A Packet Pg. 13