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Home My WebLink About05/30/2024 - Building Review Commission - AGENDA - Regular MeetingPage 1 Eric Richards, Chair Location: Shaun Moscrip, Vice Chair Council Chambers, City Hall Gabe Dunbar Bob Poncelow 300 LaPorte Ave Casey Roberts Jeffrey Schneider Staff Liaison: Marcus Coldiron Ronnie Zimmerman Chief Building Official AGENDA MAY 30, 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 APRIL 25, 2024 The purpose of this item is to consider approval of the minutes from the April 25, 2024 regular meeting of the Building Review Commission. 2.NATHAN EPPERSON, SKOOKUM CRAFTSMANSHIP, LLC - REQUEST FOR VARIANCE TO THE PROJECT VERIFICATION REQUIREMENT FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: Mr. Nathan Epperson of Skookum Craftsmanship, LLC is requesting a variance to the project verification requirement to obtain a Class D1 license and supervisor’s certificate. STAFF: Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official Building Review Commission Packet Page 1 Page 2 3.MICHAEL PATE, AMAROK FOR MIRANDA CABRERA, AJAX SAFETY AND SECURITY CONTRACTING, INC. - REQUEST FOR VARIANCE TO THE PROJECT VERIFICATION REQUIREMENT FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: STAFF: Miranda Cabrera of AJAX Safety and Security Contracting, Inc. is requesting a new Class C1(DR) license and supervisor’s certificate to be issued without project verifications that will qualify for the license classification. Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official •OTHER BUSINESS •ADJOURNMENT Packet Page 2 Agenda Item 1 Item 1, Page 1 AGENDA ITEM SUMMARY MAY 30, 2024 Building Review Commission STAFF David Howell, Business Support III SUBJECT CONSIDERATION AND APPROVAL OF THE MINUTES OF THE APRIL 25, 2024 BRC MEETING EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the April 25, 2024 meeting of the Building Review Commission. ATTACHMENTS 1.BRC April 25, 2024 Minutes - DRAFT Packet Page 3 City of Fort Collins Page 1 April 25, 2024 Eric Richards, Vice Chair Council Chambers Gabe Dunbar 300 Laporte Avenue, Fort Collins Shaun Moscrip Bob Poncelow Casey Roberts Staff Liaison: Jeffrey Schneider Russell Hovland Ronnie Zimmerman Supervisor, Plans Examiner Meeting Minutes April 25, 2024 A regular meeting of the Building Review Commission was held on Thursday, April 25, 2024, at 9:00 a.m. in person at 300 Laporte Avenue, Fort Collins, Colorado. •CALL TO ORDER Vice Chair Richards called the meeting to order at 9:01 a.m. •ROLL CALL PRESENT: Dunbar, Moscrip, Poncelow, Richards, Roberts, Schneider, and Zimmerman ABSENT: None STAFF: Hovland, Howell, Manno, Matsunaka, Shehan, Yatabe •PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. Managing Attorney Yatabe suggested switching items two and three as the representative for item two is not yet present. •DISCUSSION AGENDA 1.MINUTES OF MARCH 28, 2024 The purpose of this item is to consider approval of the minutes from the March 28, 2024 regular meeting of the Building Review Commission. Commissioner Dunbar moved to approve the minutes of the March 28, 2024 meeting. Commissioner Roberts seconded. The motion passed 7-0. Building Review Commission ,7(0$77$&+0(17 %5&$35,/0,187(6'5$)7 Packet Page 4 City of Fort Collins Page 2 April 25, 2024 2.ALAN PALLAORO, HIGH POINTE HOMES, INC. – NEW LICENSING REQUEST WITHOUT CURRENT EXAM AND PROJECT VERIFICATIONS DESCRIPTION: STAFF: Mr. Alan Pallaoro of High Pointe Homes, Inc. is requesting a new license and supervisor’s certificate using an ICC testing certificate that is of an older code year than is currently required (accepted) and project verifications that do not meet code requirements. Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Russell Hovland, Supervisor, Plans Examiner (**Secretary’s Note: Commissioner Schneider withdrew from the discussion of this item due to a conflict of interest.) Alan Pallaoro, High Pointe Homes, introduced himself. Vice Chair Richards outlined the hearing procedure. Staff Presentation Manno outlined Mr. Pallaoro’s request for a new license and supervisor’s certificate using an ICC testing certificate that is of an older code year than is currently required and project verifications that do not meet code requirements. She noted Mr. Pallaoro has never held a license or supervisor’s certificate in Fort Collins and she discussed Mr. Pallaoro’s submission of an older exam which covered the 2012 code year and project verifications that did not qualify for the license classification being sought. Manno noted staff requested two additional project verifications be submitted and only one was received; however, it was self-verified which is not allowed per code. Applicant Presentation Mr. Pallaoro stated that while he does not have the project verifications that fit the exact code criteria, he stated he has the competency to do those projects. Additionally, he noted he owned the real estate on which the self-verified project occurred, therefore, there was no one to verify the project aside from himself. He also stated it is difficult to get project verifications if a license cannot be granted to get those verifications. Vice Chair Richards asked Mr. Pallaoro to describe his work. Mr. Pallaoro replied he has been in the hotel renovation business for 22 years and has completed five total renovations as a general contractor, the most recent of which involved taking the building down to studs and rebuilding, moving laundry facilities, and adding a fitness room. He also stated he has done a number of residential remodels and stated he is seeking this license to work on an office building façade renovation. Manno stated the hotel work could be considered for project verification, and given that Mr. Pallaoro is the property owner, that helps with the verification. She asked if any of the hotel projects included structural elements and requested Mr. Pallaoro address the testing issue. Mr. Pallaoro replied he has held a general contractor class A license with Larimer County since 2015, and he did complete the ICC W11 test that year. Vice Chair Roberts suggested certificates of occupancy could be used to help with project verification. Manno replied that copies of permits and final passing inspection reports or certificates of occupancy are required. ITEM 1, ATTACHMENT 1 BRC APRIL 25, 2024 MINUTES - DRAFT Packet Page 5 City of Fort Collins Page 3 April 25, 2024 Mr. Pallaoro noted most of the remodeling work is primarily aesthetic, however, a recent project did involve a porte cochere renovation that was structural in nature. Manno stated she believes she can work with Mr. Pallaoro on the project verification; however, the testing remains an issue as updated testing is required for new license requests. Mr. Pallaoro noted he provided letters of recommendation, including one from a structural engineer. Commission Questions/Discussion Commissioner Dunbar asked Mr. Pallaoro if he has any other potential projects in Fort Collins. Mr. Pallaoro replied he does not currently have any other projects lined up other than a potential vestibule project at a restaurant on Harmony. Commissioner Moscrip asked Mr. Pallaoro why he has not taken the current test. Mr. Pallaoro replied he is not against continuing education; however, the test is quite lengthy and he has not gotten to a point where he needed to take it until now. Commissioner Zimmerman asked Mr. Pallaoro if he has been hired to do the façade work or if it is something he is pursuing. Mr. Pallaoro replied it is something he is pursuing pending the outcome of this hearing as he would not be hired without the proper requirements being met. Commissioner Zimmerman asked how long the current test has been the standard for this type of license. Manno replied it has been the requirement for about two and a half years. Vice Chair Richards stated many of the projects mentioned by Mr. Pallaoro appear to be primarily cosmetic. Mr. Pallaoro concurred and stated there are only a few structural elements to the work he has done. Vice Chair Richards asked Mr. Pallaoro about the extent of the residential projects he submitted. Mr. Pallaoro replied he built a home in Gunnison in 2003 which did not require any type of licensure and the second project was a detached shop that was constructed last year. He noted both of those projects involved structural components, but most of the residential projects he has completed have been cosmetic. Commissioner Poncelow asked Mr. Pallaoro if he holds licenses anywhere besides Larimer County. Mr. Pallaoro replied in the negative. Commissioner Poncelow asked if there are any requirements for continuing education or testing after a certain time period. Manno replied a license would hold onto testing indefinitely as long as a license does not expire and there are no continuing education requirements. Commissioner Moscrip asked Mr. Pallaoro how he completed the porte cochere project in Greeley without a license. Mr. Pallaoro replied a license was not required. Vice Chair Richards stated Mr. Pallaoro has demonstrated knowledge, background, and ability to perform the projects; however, he expressed concern that granting this request would set a precedent that licenses would be granted without appropriate requirements being met. He stated it is important for the City to continue to uphold the testing requirement for new licenses and stated he would lean toward denial of the request at this time. Commissioner Moscrip concurred and stated the testing requirement is important. Commissioner Zimmerman agreed. Vice Chair Richards also concurred and stated it seems there is a path forward regarding project verification and Mr. Pallaoro could take the exam while that issue is being sorted. Commissioner Moscrip made a motion, seconded by Commissioner Poncelow, that the Building Review Commission deny the request for a variance to City Code Sections 15- 158(A)(2) and 15-158(C)(1) finding based on agenda materials, information presented, and the ITEM 1, ATTACHMENT 1 BRC APRIL 25, 2024 MINUTES - DRAFT Packet Page 6 City of Fort Collins Page 4 April 25, 2024 discussion on the item, particularly about the licensing, the strict applicant of Section 15- 158(A)(2) and 15-158(C)(1) would not result in peculiar or exceptional practical difficulties to, or exceptional undue hardship on, Mr. Pallaoro, and Mr. Pallaoro failed to demonstrate that he possessed the other qualifications not specifically listed in City Code Chapter 15, Article 5 to perform in a competent manner any construction authorized under the C1 DR license and supervisor certificate. Furthermore, granting this variance would be a substantial detriment to the public good and would impair the intent and purpose of Article 5. THE MOTION PASSED 6-0. 3.MIRANDA CABRERA, AJAX SAFETY AND SECURITY CONTRACTING, INC. LLC - REQUEST FOR VARIANCE TO THE PROJECT VERIFICATION REQUIREMENT FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: STAFF: Miranda Cabrera of AJAX Safety and Security Contracting, Inc. is requesting a new Class C1(DR) license and supervisor’s certificate to be issued without project verifications that will qualify for the license classification. Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Russell Hovland, Supervisor, Plans Examiner Manno requested a continuance of this item to the next meeting pending communication with Miranda Cabrera. Managing Attorney Yatabe outlined the options for the Commission. Vice Chair Richards stated the item would be continued to the next meeting. 4.OFFICER ELECTIONS Managing Attorney Yatabe stated the suggested timing for elections is the meeting following the first meeting with new members, though that is not a requirement. Members concurred to move forward with elections. Managing Attorney Yatabe outlined the election process. Vice Chair Richards stated he would be willing to serve as Chair. Commissioner Moscrip stated he would be willing to serve as Vice Chair. Commissioner Poncelow made a motion, seconded by Commissioner Zimmerman, to elect Richards as Chair and Moscrip as Vice Chair. THE MOTION PASSED 7-0. •COMMISSION TRAINING Managing Attorney Yatabe noted Assistant City Attorney Shehan will be taking over advising for the Commission. Additionally, he discussed open meetings requirements, attorney/client privilege, and conflict of interest issues. He noted the Code specifies that an abstention from a vote counts as a vote in favor of a motion. He also commented on the quasi-judicial information provided to members. •OTHER BUSINESS Vice Chair Richards welcomed new Commissioners Poncelow and Schneider. ITEM 1, ATTACHMENT 1 BRC APRIL 25, 2024 MINUTES - DRAFT Packet Page 7 City of Fort Collins Page 5 April 25, 2024 •ADJOURNMENT Vice Chair Richards adjourned the meeting at 9:54 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell. ,7(0$77$&+0(17 %5&$35,/0,187(6'5$)7 Packet Page 8 Agenda Item 2 Item 2, Page 1 STAFF REPORT MAY 30, 2024 Building Review Commission STAFF Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services Marcus Coldiron, Chief Building Official SUBJECT REQUEST FOR VARIANCE TO THE PROJECT VERIFICATION REQUIREMENT FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE EXECUTIVE SUMMARY Mr. Nathan Epperson of Skookum Craftsmanship, LLC is requesting a variance to the project verification requirement to obtain a Class D1 license and supervisor’s certificate. BACKGROUND Mr. Epperson's application for a new Class D1 license and supervisor's certificate, submitted on April 10, 2024, was rejected due to the submitted project verifications. These verifications featured projects located within the City of Fort Collins, with Kevin Dewlen of FR Development listed as the principal contractor and supervisor's certificate holder for each permit. Furthermore, the nature of Mr. Epperson's association with Mr. Dewlen and these projects remains unclear. Particularly concerning is Mr. Dewlen’ s company's lack of worker's compensation coverage and absence of reported employees. 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. Epperson now appeals the given 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. 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 Page 9 Agenda Item 2 Item 2, Page 2 RECOMMENDATION Staff recommends denial of the request based on lack of evidence showing experience for the license and supervisor’s certificate classification being requested. 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. If the Commission agrees with the recommendation, the Commission may pass a motion to require the appellant to provide required project verifications to be granted a Class D1 license and supervisor’s certificate. If the Commission disagrees with the recommendation, the Commission may pass a motion to allow a new Class D1 supervisor’s certificate be granted to the appellant. Here, based on his application materials, Mr. Epperson 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 another’s supervisor’s certificate experience alone. However, staff is cognizant of the difficulty Section 15-158 imposes on new entrants to this industry, however, it appears that Mr. Epperson is not a new entrant into the industry based on the age of the projects submitted. ATTACHMENTS 1. Appeal Form 2.Appellant’s Materials 3. Contractor Licensing Application Packet Packet Page 10 Email: jn.epperson@gmail.com Marcus Coldiron, Chief Building Official Appeal fee PAID via CHECK 1152 BRB240004 Invoice 351130, Receipt 389444 April 11, 2024 DAH I7EM 2, A77ACHME17 1 APPEA/ )ORM Packet Page 11 ITEM 2, ATTACHMENT 2 APPELLANT'S MATERIALS Packet Page 12 J. NATHAN EPPERSON Residential Building Inspector Given this day June 9, 2022 Certificate No. 10185628 ,7(0 Bi $77$&+0(17 B $33(//$17R6 0$7(5,$/6 Packet Page 13 May 20, 2024 City of Fort Collins, Building Services Contractor Licensing 281 N. College Ave. Fort Collins, CO 80521 Dear Building Review Commission, My name is Nathan Epperson. I grew up in Fort Collins. I have a daughter named Norah, and I intend to raise her here as well. Nearly all of Norah’s extended family lives here. I have been in and around residential construction the majority of my life. My Father, Alan Epperson, has been in the floor covering and tile industry since the mid seventies. I learned my way around the tile trade from him. My first job out of highschool was with Jay Detweiler of JD Enterprises, whom I apprenticed under in residential remodels and additions from 2004 - 2009. Had it not been for the housing crisis of 2008, I would have stuck with Jay. Instead, I found a job installing Photovoltaic (PV) Solar Systems on commercial buildings. I traveled to various corners of Colorado and Florida while economic incentives and rebates made sense. When PV slowed down in 2011, I started my own carpentry business. After contracting with FR Development for trim, siding, and decks on their first few houses in Old Town North, they hired me as a catch-all tradesman. I continued to install their decks, metal siding, make framing revisions as needed, and see through punch lists from beginning to end. I grew into a superintendent position under Kevin Dewlin, who had been the Project Manager and license holder at the time. I also took care of warranty issues and a variety of customer service concerns. FR slowed down on their construction in the past few years. I worked for the City doing building repair, and maintenance (BRM) for the better part of a year (2022-2023). I decided in the past few months that it is time for me to be my own entity again. I love carpentry, tile, and every aspect of remodels and additions. Though I didn’t know my right foot from my left as an apprentice, I have gained the knowledge and skill set to confidently and competently run remodel projects. I would like to carry a license so that I can see through my visions and dreams as a general contractor. I would like to be more than a handyman. I would like to remodel bathrooms, kitchens, build decks, finish basements, do small additions, and be able to pull permits and complete inspections along the way. The reason I would like to cary a D1 license is because I would also like to have the ability to do a spec home or custom home, should the opportunity arise. I feel that I have a well-rounded ability and knowledge to build a house while meeting and exceeding code requirements within our jurisdiction. I have worked with a number of architects and engineers here in Fort Collins. I feel that I can build a team of reputable, respectable trades that can deliver a quality product to my customers. ITEM2,ATTACHMENT2 APPELLANT'SMATERIALS Packet Page 14 I can see that new construction is slowing down again, which leads to a demand of high quality contractors. Interest rates are high, and the supply of housing is left to be wanting in our city at the moment. This means that the majority of home owners will likely age in place. This also means that they will want to improve the quality of their living conditions as they age. I feel that I can meet the demand in this respect. Jay Detweiler and Kevin Dewlen taught me the importance of paying attention to detail, the value in character such as reliability, punctuality, clear communication, integrity, and simple hard work ethic. I have also learned the value and importance of respecting people's space; their house is a home. Keeping a jobsite clean and organized demonstrates respect to the homeowner, various trades, and inspectors. By improving the quality of customers' living space, one is also improving the quality of their life. I have a B1 certification for residential home inspections and recently passed my G13 exam which is a requisite for the D1 license. As you can see in my files, I have supervised the construction of many houses for FR Development; the examples I chose are under Kevin Dewlen’s project management. I am a long time reader of Fine Home Building and the Journal of Light Construction. I frequently listen to construction/business related podcasts such as The Contractor Commute, FHB (Fine Home Building), and Contractor Cents. I feel that it is important to keep up with the changes in the industry and I do my best to keep myself well informed. Nearly all my experience and requisite projects are here in Fort Collins. I was unaware that there is a conflict of interest in using requisite projects within the same jurisdiction that one is applying for a license in. I would imagine that perhaps the opposite would be in the best interest of both The City of Fort Collins as well as contractors looking to carry a license within the City of Fort Collins. I petition you to make an exception to this policy. My experience and ability demonstrate my competence to meet and exceed the IRC requirements. I request that you grant me the D1 licensing. Thank you, J. Nathan Epperson ITEM2,ATTACHMENT2 APPELLANT'SMATERIALS Packet Page 15 4-17-24 City of Fort Collins Building Services David Howell dhowell@fcgov.com Contractor Licensing 281 N. College Ave. Fort Collins, CO 80521 Hello David: I am writing regarding Nathan Epperson’s recent submittal for a residential contractor license within the City of Fort Collins, that this letter may provide a better understanding of Nathan’s role on previous projects. I appreciate all the hard work by yourself and the entire team within the building services department, as I understand there is a lot to keep up with. Nathan not only was a supervisor on the three projects that he submitted under my mentorship (244, 402, 420 Cajetan St), but also supervised on at least 14 other homes in the Old Town North neighborhood directly under my supervison, these include (250, 256, 262, 374, 380, 386, 392, 408, 414, 426, 432 Cajetan St and 375, 381, 387 Osiander St). Nathan’s role within these projects provided him full opportunity to be part of construction of these residential structures from ground up. Not only did Nathan work with me to learn the skills he now demonstrates within his own personal company, but he is beginning to mentor others as well. As a General Contractor with the City of Fort Collins for almost 15 years it is my duty to pass the baton to the next generation of contractors and I feel that Nathan is fully prepared to accept the hand off and run with it. Please contact me directly at the information below if there are any additional questions or concerns. Sincerely, Kevin Dewlen 806 W. Mulberry St. Fort Collins, CO Kdewlen88@gmail.com 970-219-0677 H7(0 $77$F+0(17 $33(II$17 6 0$7(5H$I6 Packet Page 16 City of Fort Collins Building Services David Howell dhowell@fcgov.com Contractor Licensing 281 N. College Ave. Fort Collins, CO 80521 Dear Mr. Howell, I have known Nathan Epperson since 2018. At that time he worked for the builder of my home and was responsible for managing and often repairing items in my home during my warranty year. It was then that I learned about Nathan; honest, skilled, hard working, trustworthy and always focused on the quality of the work. During the warranty year Nathan was often working in my home when I was not there. At no point was I concerned because he had already proven himself as trustworthy. After that year I contracted with my builder to construct a shade structure in my side yard. Nathan was assigned to the job and he worked in partnership with the architect and helped to imagine and fine tune the structure being sure to make sure the project met my needs followed the rules of the City of Fort Collins. He built the structure’s from the city approved plans and I can attest to the quality of Nathan’s work on this residential project that he saw from concept, to design and construction. His competency and skill in residential construction was excellent. Nathan continues to do work at my home now that he has his own business. As I have projects or issues come up he is always my first call. I can trust hime to either do the work or refer me to another trusted contractor. Every time he has made a referral the person is always as high caliber as Nathan. Every time he has done work it is high quality. Sincerely, Lynne Vaughan 215 Osiander Street Fort Collins, CO 80524 414-852-9622 I7EM2,A77ACHMEN72 A33ELLAN7 SMA7E5IALS Packet Page 17 ITEM 2, ATTACHMENT 2 APPELLANT'S MATERIALS Packet Page 18 ITEM 2, ATTACHMENT 2 APPELLANT'S MATERIALS Packet Page 19 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 20 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 21 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 22 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 23 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 24 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 25 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 26 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 27 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 28 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 29 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 30 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 31 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 32 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 33 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 34 ITEM 2, ATTACHMENT 3 CONTRACTOR LICENSING APPLICATION PACKET Packet Page 35 Agenda Item 3 Item 3, Page 1 STAFF REPORT MAY 30, 2024 Building Review Commission STAFF Shar Manno, Manager, Customer Support, Community Development and Neighborhood Services Marcus Coldiron, Chief Building Official SUBJECT REQUEST FOR VARIANCE TO THE PROJECT VERIFICATION REQUIREMENT FOR A NEW LICENSE AND SUPERVISOR’S CERTIFICATE EXECUTIVE SUMMARY Miranda Cabrera of AJAX Safety and Security Contracting, Inc. is requesting a new Class C1(DR) license and supervisor’s certificate to be issued without project verifications that will qualify for the license classification. BACKGROUND AJAX Safety and Security Contracting, Inc. is a company that offers commercial battery-charged electric security fence installation. They have been contracted to complete a commercial, above 6’ electric fence, project in the City of Fort Collins. An initial licensing request was received on February 8, 2024 which was returned back to Ajax Safety and Security Contracting, Inc. because of the project verifications not being adequate to grant a Class C1(DR) license and supervisor’s certificate. The license and supervisor’s certificate required to complete the above project is a Class C1(DR) due to the height of the fence and other build code related aspects (footings, wind load, etc.). Below states what is authorized under said license and certificate, and what it takes to qualify. Class C1(DR): Authorized to add additions to and/or make repairs or restoration to structural damage to any building or structure in the City regulated under the building code that does not exceed 20,000 square feet in floor area and/or three (3) stories in height, including all work authorized by damage repair and restoration license types below this level. •To qualify, the applicant must have performed or acted principally in the role of supervisor for the significant structural repair construction on three (3) buildings of occupancy classifications other than Group R, up to 20,000 square feet in floor area and/or up to three stories in height. It is felt that the license classification falls far above what the company does and can qualify for and that there are no other licensing classifications that are suitable to place them. They do not build full structures, however, due to the structural aspects of this project, this licensing classification is needed, but to a limited nature. Ms. Cabrera now appeals the denial of the initial application, and she is applying for a variance from the project verification requirement. Packet Page 36 Agenda Item 3 Item 3, 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. Sec. 15-159. - Minimum experience qualifications. (a)Minimum experience requirements for Classes A, A-DR, B, B-DR, C-1, C-1-DR, C-2, C-2-DR, D-1, D-2, D-DR, E, ER and MM general contractor licenses, specialized trade contractor licenses, and associated supervisor certificates as described in § 15-160 are as hereafter provided in this Section. In order to qualify for such minimum experience, all construction and specialized trade installation projects are subject to the Building Official's review and approval for sufficient variety and complexity. All such projects shall have been constructed or installed primarily by the applicant or under the applicant's direct control. The particular license type and respective required minimum documented experience are described as follows: (6)To qualify for a Class C-1-DR license or supervisor certificate, the applicant must have acted principally in the role of supervisor for the significant structural repair construction on three (3) buildings of Type III, IV or V construction. 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. (6)A Class C-1-DR Structural Damage Repair/Restoration license holder shall be authorized to make repairs or restoration to structural damage to any building or structure in the City regulated under the building code that does not exceed three (3) stories in height and limited to construction Types III, IV and V, including all work authorized by damage repair and restoration license types below this level. RECOMMENDATION The written application materials leave it clear that a variance of some type (one-time permit, 30-day temp, etc.) may be the only option 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; Packet Page 37 Agenda Item 3 Item 3, Page 3 (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 her application materials, Ms. Cabrera cannot strictly comply with Section 15-158, 159, and 160.She has project verifications, however, they do not qualify for the requested and needed license classificiation under the City of Fort Collins contractor licensing code. Staff is cognizant of the difficulty the above code sections imposes on companies that are in more niche like segments of the construction industry. Though staff cannot recommend a variance here, it does recommend that the BRC carefully consider the substance of Ms. Cabrera’s provided information and testimony. ATTACHMENTS 1. Appeal Form 2.Appellant’s Materials 3.Email – Communications 4. 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