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HomeMy WebLinkAbout03/28/2024 - 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 MARCH 28, 2024 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 DECEMBER 14, 2023 The purpose of this item is to consider approval of the minutes from the December 14, 2023 regular meeting of the Building Review Commission. 2.GARY PRITCHARD, DHARMA DESIGN BUILD, LLC - REQUEST FOR VARIANCE TO PROJECT VERIFICATIONS REQUIRED FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: Mr. Gary Pritchard of Dharma Design Build, LLC 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 Building Review Commission Packet Pg. 1 Page 2 • OTHER BUSINESS • ADJOURNMENT Packet Pg. 2 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY MARCH 28, 2024 Building Review Commission STAFF Melissa Matsunaka, Sr. Project Coordinator SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE DECEMBER 14, 2023 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the December 14, 2023 meeting of the Building Review Commission. ATTACHMENTS 1. BRC December 14, 2023 Minutes - DRAFT Packet Pg. 3 City of Fort Collins Page 1 December 14, 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 December 14, 2023 A regular meeting of the Building Review Commission was held on Thursday, December 14, 2023, at 9:30 a.m. It was remote only via Zoom. •CALL TO ORDER Chair Cram called the meeting to order at 9:32 a.m. •ROLL CALL PRESENT: Cram, Dunbar, Moscrip, Richards, Teplitsky, Zimmerman ABSENT: Roberts STAFF: Coldiron, Yatabe, Shehan, 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 Teplitsky 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 December 14, 2023 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 Staff Presentation Marcus Coldiron, Chief Building Official, provided background on Chapter 5 of the Municipal Code. He discussed that Chapter 5 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. He noted that Staff believes 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. Mr. Coldiron noted that 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). He explained that 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. He further discussed that 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. Mr. Coldiron explained that 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. The proposed code change will also align with the State of Colorado’s Plumber’s Practice Act. Mr. Coldiron presented the 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 ITEM 1, ATTACHMENT 1 DR A F T Packet Pg. 5 City of Fort Collins Page 3 December 14, 2023 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.” [Timestamp: 9:39 a.m.] Commission Questions and Discussion Commissioner Teplitsky and Mr. Coldiron discussed the City’s low water usage fixture requirements and the possibility that individuals could purchase and install a fixture that does not meet requirements. Mr. Coldiron noted that regardless of whether a permit is required or not, Code states that an individual is required to meet any laws or ordinances of the jurisdiction. The new fixtures would not be inspected or verified by the Building Department. However, there is a process in place through the Utilities’ rebate program that verifies and ensures the correct fixtures are installed. Commissioner Richards asked for clarification on the total amount of toilet fixtures that are replaced versus permitted to be replaced. Mr. Coldiron noted that only a tiny number of the toilet fixtures that get replaced are pulling permits for the installation or replacement. He estimated that less than one percent (<1%) of toilets replaced are being permitted. He noted that the proposed code change will be recognizing a trend in the community. Commissioner Richards and Mr. Coldiron discussed that the proposed code change will be effective for both commercial and residential buildings. Chair Cram asked for the Commission to make a motion. Commissioner Teplitsky moved that the Building Review Commission recommend that City Council adopt the Chief Building Official’s request to amend the Code, removing the requirement for a permit for plumbing fixture replacements, such as toilets, faucets, and other similar work. Commissioner Dunbar seconded. The motion passed 6-0. [Timestamp: 9:45 a.m.] • OTHER BUSINESS Brad Yatabe, Sr. Assistant City Attorney, introduced Madelene Shehan, Assistant City Attorney, who will be advising the Building Review Commission. Commissioner Richards and Mr. Yatabe discussed the CAO’s practice of drafting motions and legal memos prior to the meeting. Chair Cram noted that application process for reapplying for the BRC. Commissioner Teplitsky’s term expires in March 2024 and indicated he will be reapplying for another term. • ADJOURNMENT Chair Cram adjourned the meeting at 9:48 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 March 28, 2024 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. Gary Pritchard of Dharma Design Build, LLC 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 and 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. Mr. Pritchard recently applied for a new Class D2 license and supervisor’s certificate on January 22, 2024. His application listed project verifications from within the City of Fort Collins, on which Jordan Obermann was the principal contractor and supervisor’s certificate holder. Mr. Pritchard is affiliated with Mr. Obermann, 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. Pritchard 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. Accroding to the project verifications received, Mr. Pritchard as well as others “were under company supervision” of the completed projects. 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. Packet Pg. 7 Agenda Item 2 Item 2, Page 2 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. Pritchard 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. Obermann’s experience alone. As stated previous, each of the project verifications submitted did state “were under company supervision”, which staff believes to be correct under the code to mean that Mr. Obermann was listed as the on-site supervisor, supervising those completing work on the project, in this instance, Mr. Prichard was being supervised by the supervisor’s certificate holder for the company. However, staff is cognizant of the difficulty Section 15-158 imposes on new entrants to this industry , however, Mr. Pritchard is not a new entrant into the industry and based upon submitted material by the appellant, it does appear that there is relevant experience outside of the City of Fort Collins. Though staff cannot recommend a variance here, it does recommend that the BRC carefully consider the substance of Mr. Pritchard’s experience in deciding this matter. ATTACHMENTS 1. Appeal Form 2. Appellant’s Materials 3. Email with Appellant 4. Contractor Licensing Application Packet Packet Pg. 8 Appeal Fee PAID via Credit Card Invoice #BRB240001, February 7, 2024 MKM Marcus Coldiron, Chief Building Official ITEM 2, ATTACHMENT 1 Packet Pg. 9 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 10 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 11 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 12 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 13 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 14 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 15 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 16 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 17 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 18 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 19 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 20 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 21 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 22 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 23 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 24 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 25 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 26 ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 27 J. Reiko Design + Co. 117 E. Mountain Ave. #225 Fort Collins, CO 80524 (970) 901-0736 March 18, 2024 Dear Building Commission Members, I am writing to wholeheartedly recommend Gary Pritchard for residential construction licensure. I have had the privilege of working closely with Gary for over a decade, during which time I have witnessed his exceptional talents, unwavering dedication, and profound expertise in the field of residential construction, as well as the business of residential construction. Gary possesses an unparalleled level of construction and building competency, a trait honed over his extensive 30+ years of hands-on experience in the industry. His understanding of building codes, regulations, and compliance standards is exemplary, ensuring that all projects under his purview adhere to the highest standards of safety and quality. Moreover, Gary's acumen in construction business management is truly commendable. He demonstrates a keen understanding of the intricacies of project budgeting, resource allocation, and scheduling, consistently delivering projects on time and within budgetary constraints. His adeptness in navigating the complexities of the construction business landscape is a testament to his remarkable leadership skills and strategic foresight. One of Gary's most remarkable attributes is his exceptional people management skills. He fosters a collaborative and cohesive work environment, inspiring his team members, colleagues, vendors and industry tradespeople to perform at their best and fostering a culture of excellence and mutual respect. His ability to effectively communicate, delegate tasks, and resolve conflicts ensures smooth project execution and client satisfaction. Having collaborated closely with Gary on construction projects for many years, I can attest to his unwavering professionalism, integrity, and work ethic. His commitment to delivering excellence in every endeavor is truly inspiring, and it is evident that he approaches his work with passion, dedication, and utmost moral character. I am confident that Gary Pritchard would be a tremendous asset to any construction project. His extensive experience, profound expertise, and outstanding leadership qualities make him an ideal candidate for roles that require a blend of technical proficiency and strategic vision. It is my sincere hope that you will give full consideration to Gary's appeal for licensure, as I firmly believe that he has much to contribute to our industry and community as a whole. Should you require any further information or clarification regarding Gary's qualifications, please do not hesitate to contact me. Sincerely, Jennifer Reiko Murphy Owner + Principal Designer - J. Reiko Design + Co. Ltd. Jennifer Reiko Murphy ITEM 2, ATTACHMENT 1 APPELLANT'S MATERIALS Packet Pg. 28 ITEM 2, ATTACHMENT 3 Packet Pg. 29 ITEM 2, ATTACHMENT 4 Packet Pg. 30 ITEM 2, ATTACHMENT 4 Packet Pg. 31 ITEM 2, ATTACHMENT 4 Packet Pg. 32 ITEM 2, ATTACHMENT 4 Packet Pg. 33 ITEM 2, ATTACHMENT 4 Packet Pg. 34 ITEM 2, ATTACHMENT 4 Packet Pg. 35 ITEM 2, ATTACHMENT 4 Packet Pg. 36 ITEM 2, ATTACHMENT 4 Packet Pg. 37 ITEM 2, ATTACHMENT 4 Packet Pg. 38 ITEM 2, ATTACHMENT 4 Packet Pg. 39 ITEM 2, ATTACHMENT 4 Packet Pg. 40 ITEM 2, ATTACHMENT 4 Packet Pg. 41 ITEM 2, ATTACHMENT 4 Packet Pg. 42 ITEM 2, ATTACHMENT 4 Packet Pg. 43