HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 06/27/2024City of Fort Collins Page 1 June 27, 2024
Eric Richards, Chair Council Chambers
Shaun Moscrip, Vice Chair 300 Laporte Avenue, Fort Collins
Gabe Dunbar
Bob Poncelow
Casey Roberts Staff Liaison:
Jeffrey Schneider Marcus Coldiron
Ronnie Zimmerman Chief Building Official
Meeting Minutes
June 27, 2024
A regular meeting of the Building Review Commission was held on Thursday, June 27, 2024, at
9:00 a.m. in person at 300 Laporte Avenue, Fort Collins, Colorado.
• CALL TO ORDER
Chair Richards called the meeting to order at 9:00 a.m.
• ROLL CALL
PRESENT: Dunbar, Poncelow, Richards, Schneider, and Zimmerman
ABSENT: Moscrip and Roberts
STAFF: Coldiron, Manno, Howell, and Shehan
• PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
• DISCUSSION AGENDA
1. MINUTES OF MAY 30, 2024
The purpose of this item is to consider approval of the minutes from the May 30, 2024 regular
meeting of the Building Review Commission.
Commissioner Poncelow moved to approve the minutes of the May 30, 2024 meeting as written.
Commissioner Dunbar seconded. The motion passed 5-0.
Building Review
Commission
City of Fort Collins Page 2 June 27, 2024
2. DAWN SPIKER, HAHN PLUMBING & HEATING, INC. - REQUEST FOR VARIANCE TO COMPLETE
WORK OUTSIDE OF LICENSE LEVEL
DESCRIPTION: Ms. Dawn Spiker of Hahn Plumbing & Heating, Inc. is requesting a variance to
the allowable scope of work of the currently held HVAC(RR) supervisor’s
certificate.
STAFF: Shar Manno, Manager, Customer Support, Community Development &
Neighborhood Services
Marcus Coldiron, Chief Building Official
Chair Richards outlined the hearing process.
Dawn Spiker introduced herself as the business manager and supervisor for Hahn Plumbing and
Heating.
Staff Presentation
Shar Manno stated this request is for a variance to complete work outside of a currently held license
level, which is currently HVAC(RR). The request is for work that will fall under either an HVAC(C) or
an HVAC(R) license, neither of which can currently be granted due to the lack of qualified project
verifications. Manno outlined the work that can be done under Ms. Spiker’s current license which
allows for repair and replacement of like equipment. Manno stated staff is recommending approval
of this request based upon evidence provided indicating Ms. Spiker has the knowledge to install new
mini-split systems along with the condition that three project verifications for new, completed mini-
split installations are provided. Manno outlined the items that should be considered by the
Commission.
Applicant Presentation
Ms. Spiker stated it is more complicated to do a commercial retrofit, which is allowed by the current
RR license, than to install a new mini-split system, which is entirely ductless. Additionally, Ms.
Spiker noted Hahn brings in licensed electricians for any type of electrical work.
Staff Response
Manno stated Ms. Spiker’s description of the work leads her to believe approval can still be granted.
Applicant Response
Ms. Spiker asked how she is to provide the three project verifications given the fact that she cannot
do mini-split installations with her current license, and she cannot do work for any other contractor.
Commission Questions/Discussion
Commissioner Zimmerman asked if Ms. Spiker could submit residential installations of mini-split
systems, residential installations of a heat pump system, or residential installations of furnaces with
air conditioners as project verifications. Manno replied project verifications include work that has
been completed with a passing inspection; in this case, that would be three mini-split installations
that have been completed and permitted from any company the individual has worked for in the past.
If this variance to Ms. Spiker’s RR license is granted, she would be able to install residential or
commercial mini-split systems as a variance; she would not be granted a new license type.
Commissioner Zimmerman asked Ms. Spiker if she is able to meet those requirements for project
verification. Ms. Spiker replied in the negative noting she does not currently hold the proper license
for new installations for either residential or commercial projects.
City of Fort Collins Page 3 June 27, 2024
Commissioner Zimmerman asked Ms. Spiker if she has done retrofit projects with mini-split systems
or other similar systems. Ms. Spiker replied she has completed multiple retrofit projects for
residential air conditioning and furnaces.
Commissioner Poncelow asked if the current license allows Ms. Spiker to replace a mini-split
system. Manno replied that the RR license would allow for that.
Commissioner Dunbar asked if the RR license allows for the installation of a new condensing unit in
a house that currently only has a furnace. Manno replied that is considered to be a new component;
therefore, that installation would fall under the R license.
Commissioner Dunbar asked if Hahn Plumbing works in jurisdictions other than the City of Fort
Collins. Ms. Spiker replied in the affirmative.
Commissioner Dunbar asked Ms. Spiker if her license is the same or similar in the other
jurisdictions. Ms. Spiker replied in the affirmative.
Commissioner Poncelow stated mini-split system installations do seem to be significantly less
complicated. He asked if the Code has not kept up in terms of the fairly new technology. Marcus
Coldiron, Chief Building Official, replied mini-split systems are quite a bit simpler than a full HVAC
installation. He stated the contractor licensing code has not been updated since 2012; therefore,
there is some work to be done in that realm. Additionally, he stated there is more concern from a
code standpoint when dealing specifically with new commercial installations as opposed to new
residential installations.
Ms. Spiker noted Hahn’s primary clientele is residential and therefore she would be fine with the
granting of a variance for only residential mini-split installations.
Commissioner Dunbar asked about the type of training that is required for installing mini-split
systems. Ms. Spiker replied installers do trainings with the manufacturers.
Chair Richards asked if Ms. Spiker would be able to provide some documentation showing staff has
completed that training. Ms. Spiker replied she would check with the manufacturers to see if they
have certificates.
Chair Richards asked if Ms. Spiker is seeking to install only new mini-split systems. Ms. Spiker
replied in the affirmative and noted Hahn is solely a service company and does not work with new
construction.
Chair Richards asked about the City inspection process for residential mini-split systems. Coldiron
replied inspectors walk through the entire system, including any new or existing wall penetrations
and the electric system. He noted ducted mini-split systems are made and questioned whether Ms.
Spiker’s request would allow for the installation of those systems, which are more complex.
Commissioner Zimmerman expressed concern about allowing for a variance for the existing license
given the number of systems available. He stated he has full confidence that the applicant is
competent to install mini-split systems but questioned the best way to accomplish allowing that.
Manno stated staff’s intent was to add the variance to the current license, not to grant an R license
as it is completely different. Manno stated the City’s permit system can include a condition notice
that lets the permit technicians know that the variance was granted for this specific item.
Coldiron noted the Commission would be able to establish the variance as strictly or broadly as
desired.
Commissioner Zimmerman asked if Hahn has commercial clients. Ms. Spiker replied the company
is seeking to be able to install ductless residential mini-split systems only.
Commissioner Schneider stated installing a new ductless system is no different than replacing an
existing HVAC system and stated he has no concerns about allowing a variance for residential
ductless systems.
City of Fort Collins Page 4 June 27, 2024
Commissioner Zimmerman concurred.
Commissioner Dunbar made a motion, seconded by Commissioner Poncelow, that the
Building Review Commission grant the requested variance to the allowable scope of work for
an HVAC(RR) supervisor’s certificate under City Code Section 15-160(d) to allow Dawn Spiker
to install new mini-split systems with their currently held HVAC(RR) supervisor’s certificate,
finding that granting this variance would not be a substantial detriment to the public good or
substantially impair the intent or purposes of Chapter 15, Article V, and Dawn Spiker has
demonstrated to the satisfaction of the Commission that they possess other qualifications
not specifically listed in City Code Chapter 15, Article V, which the Commission has
determined qualifies them to perform the installation of new mini-split systems in a
competent manner. The motion passed 5-0.
3. ERIC VAN DIXHORN, NOCO OUTDOOR LIVING DBA ARCHADECK OF NORTHERN COLORADO -
REQUEST FOR HIGHER LICENSE CLASSIFICATON THAN GRANTED
DESCRIPTION: Mr. Eric Van Dixhorn of Noco Outdoor Living dba Archadeck of Northern
Colorado is requesting that he be granted a higher license classification than he
was originally granted.
STAFF: Shar Manno, Manager, Customer Support, Community Development &
Neighborhood Services
Marcus Coldiron, Chief Building Official
Eric Van Dixhorn introduced himself.
Chair Richards outlined the appeal process.
Staff Presentation
Shar Manno stated this is request for a higher license classification than what was originally granted,
which was a class ER license and supervisor’s certificate based on the experience Mr. Van Dixhorn
provided. Mr. Van Dixhorn is seeking a class D2 license and supervisor’s certificate which would
allow him to move into completing additions to homes. Manno noted Mr. Van Dixhorn has vast
experience in building large capital projects, primarily bridges; however, despite that experience, it
was difficult for staff to connect it to home building. Manno stated the E(R) license allows for non-
structural residential work and stated staff is requesting denial based on the lack of permitted
residential experience; however, she requested the Commission offer some guidance on the issue.
Applicant Presentation
Mr. Van Dixhorn discussed the work done by Archadeck noting it is part of a larger franchise which
has 60 locations throughout the country. He stated the class E(R) license does cover most of the
projects he is anticipating; however, he would like to be able to build two-story decks as well as
small additions which would require a class D2 license. He discussed his education and experience
as a civil engineer. He stated structural work on additions is similar to, though simpler than work he
has completed on bridges.
Staff Response
Manno commended Mr. Van Dixhorn’s application package.
Assistant City Attorney Shehan noted the Commission should view the appeal as a request for a
variance to the minimum experience requirements for a D2 license as the Commission does not
have the authority to grant a license.
Applicant Response
None.
City of Fort Collins Page 5 June 27, 2024
Commission Questions/Discussion
Commissioner Dunbar asked Mr. Van Dixhorn if he has any completed projects in Fort Collins. Mr.
Van Dixhorn replied in the negative noting the business is just launching.
Chair Richards asked Mr. Van Dixhorn if the parent company provides support or oversight. Mr. Van
Dixhorn replied there is a full support team based out of Richmond which includes a director of
engineering and drafting and a director of construction. He noted Archadeck will be providing all the
plans and drawings for the permits and stated the company will send employees to Fort Collins to
ensure early, more complicated projects are completed properly. Additionally, Mr. Van Dixhorn
stated he has spoken with a licensed engineer in Fort Collins who has agreed to provide assistance
as necessary.
Chair Richards asked if Mr. Van Dixhorn will be self-performing most of the work or hiring
subcontractors. Mr. Van Dixhorn replied he will be hiring licensed subcontractors starting out.
Commissioner Schneider requested staff clarify the testing requirements for an E license versus a D.
Manno replied it is the same level of testing.
Commissioner Poncelow asked if Mr. Van Dixhorn currently holds a civil engineering license in
Colorado. Mr. Van Dixhorn replied he never applied for a civil engineering license in the state.
Commissioner Schneider asked Mr. Van Dixhorn if he holds licenses in any other municipalities. Mr.
Van Dixhorn replied in the negative but stated he plans on applying for those licenses at some point,
though most of his work will be in Fort Collins.
Commissioner Schneider noted some area municipalities do not have the same requirements as
Fort Collins and getting a license there may open the door for Mr. Van Dixhorn to complete projects
to provide as verification for Fort Collins.
Commissioner Dunbar stated Mr. Van Dixhorn clearly has the expertise to complete the type of work
mentioned; however, he expressed concern about the lack of completed projects and stated he
would be more likely to allow a variance if there were some completed projects to review, even if
they were completed under the E license.
Chair Richards concurred and expressed concern Mr. Van Dixhorn has yet to complete any projects
under the license he currently holds.
Mr. Van Dixhorn requested clarification as to what types of projects would require a D2 license,
specifically asking if it would be required for the addition of a three-season room which is essentially
a deck with a structure around it. Manno replied that would not fall under the existing license as the
ER is considered a non-structural residential license classification, though it includes decks,
pergolas, and unenclosed structures. The D2 license would allow for construction of multi-story
decks and stairs as well as additions to residential structures.
Mr. Van Dixhorn asked about a screened porch. Manno replied it would fall under the ER license.
Mr. Van Dixhorn commented on his experience building stairways as part of bridge construction and
asked if that experience could be used to allow him to construct two-story decks.
Commissioner Schneider stated Mr. Van Dixhorn seems to have technical knowledge and
experience; however, adding on to homes is different from building large capital projects. He stated
he would be comfortable with a condition of approval to add two-story decks and stairway
connections to the existing license. Manno stated that would be reasonable from a staff perspective.
Chair Richards noted the Code language around project verification does make it challenging for
individuals to primarily work in Fort Collins and asked if staff is looking to make any alterations to
that requirement. Manno replied discussions have been ongoing as to whether there is potential for
a mentorship program; however, the current thinking is that Fort Collins is experience-based which is
why project verification is currently required.
City of Fort Collins Page 6 June 27, 2024
Chair Richards asked about the Archadeck employees that may assist with projects. Mr. Van
Dixhorn replied those individuals would be available to him as he is starting out and stated he is very
comfortable asking questions and will not cut corners.
Commissioner Poncelow asked if the D2 license would allow for the construction of a new house.
Manno replied in the negative and stated the license would allow for the construction of additions up
to 1,000 square feet.
Coldiron noted the D2 license would also allow for any structural repairs or modifications to an
existing single-family or duplex.
Commissioners discussed the best way to move forward in terms of motions.
Commissioner Poncelow made a motion, seconded by Commissioner Zimmerman, that the
Building Review Commission deny the requested variance to City Code Section 15-
159(a)(10). The Commission finds that based upon the materials presented and discussion
on this item: The strict application of Section 15-159(a)(10) would not result in peculiar or
exceptional practical difficulties to or exceptional or undue hardship upon Eric Van
Dixhorn; and Eric Van Dixhorn failed to demonstrate that they possess other qualifications
not specifically listed in City Code Chapter 15, Article V, which qualify them to perform in a
competent manner any construction authorized under the D-2 license classification sought.
Furthermore, granting this variance would be a substantial detriment to the public good and
would impair the intent and purposes of Chapter 15, Article V. The motion passed 5-0.
Commissioner Poncelow made a motion, seconded by Commissioner Schneider, that the
Building Review Commission grant the requested variance to the minimum experience
requirements under City Code Section 15-159(a)(10) with respect to Eric Van Dixhorn’s
request to allow construction of two-story decks under the current license classification of
ER. The Commission finds that granting this variance will not be a substantial detriment to
the public good or substantially impair the intent and purposes of Chapter 15, Article V, and
Eric Van Dixhorn has demonstrated to the satisfaction of the Commission that they possess
other qualifications not specifically listed in City Code Chapter 15, Article V, which the
Commission has determined qualifies them to perform in a competent manner any
construction authorized under the ER, including two-story decks.
Assistant City Attorney Shehan clarified the Commission is seeking to increase the scope of work
allowed under the E® license, which is related to City Code Section 15-160.
Commissioner Poncelow made an amendment to his motion to replace City Code Section
15-159(a)(10) with City Code Section 15-160(c)(13). Commissioner Schneider accepted the
amendment. The motion passed 5-0.
• OTHER BUSINESS
Coldiron provided an update on the 2024 Building Code adoption noting the first Building Code adoption
committee meeting was held at the beginning of the month. He noted ICC has yet to release the
International Energy Conservation Code; therefore, the committee has opted to delay the work of
adopting the new Building Codes until that Code is released. Coldiron noted about a year of work will be
required from the date of release of the Codes to adoption of the Codes.
• ADJOURNMENT
Chair Richards adjourned the meeting at 10:26 a.m.
Minutes prepared by TriPoint Data and respectfully submitted by David Howell.
City of Fort Collins Page 7 June 27, 2024