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HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 08/29/2024City of Fort Collins Page 1 August 29, 2024 Meeting Minutes August 29, 2024 A regular meeting of the Building Review Commission was held on Thursday, August 29, 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: Moscrip, Poncelow, Richards, Roberts, and Schneider ABSENT: Dunbar and Zimmerman STAFF: Coldiron, Manno, Howell, and Shehan • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. MINUTES OF JULY 25, 2024 The purpose of this item is to consider approval of the minutes from the July 25, 2024 regular meeting of the Building Review Commission. Commissioner Poncelow moved to approve the minutes of the July 25, 2024 meeting as written. Commissioner Moscrip seconded. The motion passed 5-0. Building Review Commission City of Fort Collins Page 2 August 29, 2024 2. RODNEY HENRICHSEN, NORTHERN COLORADO PLUMBING & DRAIN – REQUEST THAT THE COMMISSION ALLOW THE APPLICANT TO RE-REGISTER AS A MASTER PLUMBER FOLLOWING THE PRIOR COMMISSION REVOCATION OF THE APPLICANT’S MASTER PLUMBER REGISTRATION DESCRIPTION: registration for Mr. Henrichsen and his business, Northern Colorado Plumbing & Drain. Mr. Henrichsen is requesting that the Commission allow the Building Official to re-register him and Northern Colorado Plumbing & Drain as a master plumber. If the Colorado Plumbing & Drain to re- recommends the imposition of several conditions to ensure that the prior issues resulting in revocation are addressed and that the applicant remains compliant with Code requirements in the future. STAFF: Neighborhood Services Marcus Coldiron, Chief Building Official Chair Richards outlined the hearing process. Staff Presentation Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services, stated this item is a request to allow the appellant to re-register as a master plumber following the prior Commission revocation of the applicant’s master plumber registration with the City, which occurred in April of 2023. Manno stated staff is recommending the imposition of several conditions to ensure the prior issues resulting in revocation are addressed and that the applicant remains compliant with Code requirements in the future, should the Commission opt to re-register the appellant as a master plumber. Manno outlined the events of the previous hearing related to the previous registration revocation and read the associated motion language, noting it passed unanimously, and stated Chair Cram, at the time, made an informal recommendation that Mr. Henrichsen want for a period of at least one year before reapplying for a new license, and it was clarified that the Building Department could consider an application at any time, and if denied, the appellant could come before the Commission with an appeal. Manno stated Mr. Henrichsen submitted a master plumber registration request with the Building Department on July 10, 2024, and it was denied due to the prior revocation. Manno outlined the requirements that must be met by the applicant for the Commission to re-register the license. Manno stated staff cannot recommend approval or denial as the written application materials and appeal form leave it unclear if the appellant, Mr. Henrichsen, and Northern Colorado Plumbing & Drain, has completed all acts to resume work and function appropriately under the state issued master plumber license and the City of Fort Collins master plumber registration; however, staff recommends certain conditions if the Commission determines that the applicant has satisfied the requirements to allow the Building Official to issue a new registration provided the applicable City Code Chapter 15 requirements are met, including ensuring each of the outstanding 46 expired permits are completed, the timeline to complete the expired permits is set to six months from the date of re-registration approval, and that the appellant cannot commit any Building Code or contractor licensing violations for a period of two years from the date of re-registration approval, and for the length of re-registration period, or the master plumber registration will be permanently revoked. Manno outlined the applicable Code Section which provides a standard for evaluating whether re- registration should be allowed. City of Fort Collins Page 3 August 29, 2024 Applicant Presentation Rod Henrichsen, appellant, discussed his application materials. Staff Response None. Applicant Response None. Commission Questions/Discussion Commissioner Schneider asked about the 46 expired permits. Chief Building Official Coldiron replied there are currently 46 expired permits in the system; however, prior to the registration revocation, Mr. Henrichsen had 86 expired permits and did attempt to clean up many of those as possible. Coldiron noted these 46 expired permits cannot be resolved without an active registration. Commissioner Schneider asked Mr. Henrichsen what procedures would be put in place to get the 46 permits cleaned up. Mr. Henrichsen replied he would take responsibility for getting that work done properly as directed by the City. Commissioner Schneider asked Mr. Henrichsen if he has changed any of his operation procedures. Mr. Henrichsen outlined his system and stated he inspects each project to ensure things are correct. He stated he and his office manager are in charge of pulling permits. Commissioner Poncelow asked Mr. Henrichsen if he is confident the 46 permits could be completed within the six months the City is proposing. Mr. Henrichsen replied in the affirmative. Chair Richards asked Mr. Henrichsen if he still holds all required plumbing licenses within the state or other jurisdictions. Mr. Henrichsen replied in the affirmative and stated they are all in good standing. Chair Richards asked if Mr. Henrichsen’s application packet is complete. Manno replied staff received a completed registration packet that has been verified with the state. Chair Richards asked Mr. Henrichsen if other things have changed during the period of revocation to ensure there would be no issues moving forward. Mr. Henrichsen replied he has taken this very seriously and realizes the importance of taking responsibility and paying attention to detail. Chair Richards asked Mr. Henrichsen if he understands the conditions being recommended by staff and whether he has any concerns about being able to adhere to them. Mr. Henrichsen replied he understands completely and has no concerns. Commissioner Schneider asked how Mr. Henrichsen currently handles situations wherein he is requested to do work in Fort Collins. Mr. Henrichsen replied he would explain that he has to work under a licensed permitted contractor. Commissioner Moscrip expressed support for providing Mr. Henrichsen a second chance. Commissioner Poncelow concurred and stated staff has developed good conditions that will help to hold Mr. Henrichsen accountable for work over the next two years. Chair Richards also concurred and stated the proposed conditions seem fair and achievable. Commissioner Schneider asked staff if Mr. Henrichsen would be able to pull a permit for a new project prior to cleaning up the 46 expired permits. Manno replied this re-registration would allow Mr. Henrichsen to pull permits for new projects as well. City of Fort Collins Page 4 August 29, 2024 Commissioner Poncelow made a motion, seconded by Commissioner Schneider, that the Building Review Commission authorize the Building Official to approve the Master Plumber registration of Mr. Henrichsen and Northern Colorado Plumbing & Drain pursuant to City Code Section 15-162(e) provided all City Code requirements for registration are met, with the following condition(s): • All 46 outstanding expired permits must be completed as required by the Building Official within 6 months from this date, except that the Chief Building Official may extend this timeline as needed, and • The master plumber registration will be automatically and permanently revoked without the need for a further Building Review Commission decision if Mr. Henrichsen or Northern Colorado Plumbing & Drain are caught committing any more building code or contractor licensing violations within 2 years of this date. The Commission finds that Mr. Henrichsen and Northern Colorado Plumbing & Drain have demonstrated that all disciplinary actions taken against their previously held master plumber registration have resulted in their rehabilitation to good and disciplined character for lawful conduct as a registered master plumber. Yeas: Moscrip, Poncelow, Roberts, Schnieder, and Richards. Nays: none. THE MOTION CARRIED. 3. RAUL TOVAR, ECO RETAINING WALLS, INC. – NEW LICENSE REQUEST WITHOUT EXAM DESCRIPTION: license and supervisor’s certificate to be issued without a passing International Code Council (ICC) testing certificate of the code year required for a new license or reinstatement of a license. STAFF: Neighborhood Services Marcus Coldiron, Chief Building Official Chair Richards outlined the hearing process. Staff Presentation Shar Manno, Manager, Customer Support, Community Development & Neighborhood Services, stated this item is a request for a new Class C1(DR) license and supervisor’s certificate to be issued without passing International Code Council (ICC) testing certificate of the code year required. Manno outlined the general work done by ECO Retaining Walls, Inc. but stated it is currently unknown by staff what work Mr. Tovar has been contracted to complete in Fort Collins at this time. Manno outlined the requested license classification and associated requirements. Manno stated Mr. Tovar feels the required test covers more than what his company does and needs as they do not build full structures. Manno stated staff is recommending denial of Mr. Tovar’s variance request based on the lack of the required passing ICC testing certificate, and outlined the applicable City Code Section that provides the standards for granting a variance. Manno noted the appellant will still need to satisfy all of the Code requirements for the granting of the C1(DR) license should the Commission grant the requested variance. Applicant Presentation Raul Tovar, appellant, discussed his application and noted his company holds licenses in many other area jurisdictions, typically as a specialty license which is not offered in Fort Collins. Mr. Tovar City of Fort Collins Page 5 August 29, 2024 outlined the ICC testing topics that are not applicable to his company’s work. He clarified the supervisor’s certificate would be held in his father’s name. Staff Response Manno noted she has not seen the new application with the additional project verifications. Applicant Response None. Commission Questions/Discussion Chair Richards asked Mr. Tovar to outline the type of projects completed by his company. Mr. Tovar replied his company solely works on residential and commercial retaining walls ranging from 500- 600 square feet to 20,000 square feet or more, and all engineering work is completed by a third party licensed engineer. He stated the company does not do cast-in-place concrete work. Commissioner Schneider asked about the average height of the retaining walls built by the company. Mr. Tovar replied they have built walls as tall as ten feet, and anything over three feet is permitted with engineering specifications. Chair Richards asked about the inspection process for projects that have to be permitted. Mr. Tovar replied the inspections would typically fall under the purview of the general contractor. Chair Richards asked Mr. Tovar if he has any work scheduled in Fort Collins. Mr. Tovar replied this effort is being done preemptively, though they are contracted for some work that does not require permits. Chair Richards asked if the ECO Retaining Walls, Inc. example projects meet the testing requirements for the ICC tests given their scope of work. Manno replied this is more of a niche company, and the C1(DR) license covers full buildings; however, that license type is required because retaining walls are structural in nature. Commissioner Moscrip noted this type of situation is regularly faced by the Commission in terms of niche work, though retaining walls are different than flag poles or tall fences; however, he stated most of the testing topics are not relevant to this type of project. Commissioner Poncelow concurred retaining walls are structural to a degree, but there is a need for some type of specialty licenses in cases like this. He asked what size of wall would require a permit and engineering in Fort Collins. Chief Building Official Coldiron replied walls over 42 inches in height, or over 42 inches in tiers, require a permit and engineering design. Commissioner Moscrip asked who does the engineering work on the company’s taller walls. Mr. Tovar replied licensed engineering firms are hired for that work. Commissioner Moscrip asked Mr. Tovar if his company always works for a general contractor or landscape contractor or if they do work directly for owners. Mr. Tovar replied 95% of their work is commercial for a general contractor with the remainder being contracted or direct work, typically for landscaping retaining walls which are generally under three feet tall. Chair Richards suggested the variance could be granted in a manner specific to these block types of retaining walls. Commissioner Roberts asked if the company does retaining walls other than block type. Mr. Tovar replied everything is block-based, sometimes with larger blocks than others. Commissioner Roberts asked about the use of boulders or other materials that do not have the same structural footing. Mr. Tovar replied his company does not use those materials. City of Fort Collins Page 6 August 29, 2024 Commissioners discussed how to properly allow for the granting of the variance request while ensuring the company is only completing work that is not within the scope of the ICC testing requirements, including barring the company from completing work that is attached to a habitable structure, among others. Commissioner Moscrip made a motion, seconded by Commissioner Poncelow, that the Building Review Commission grant the requested variance to waive the written examination requirement under City Code Section 15-158(c)(1) with respect to Raul Tovar’s application for a Class C1(DR) license and supervisor’s certificate. This variance is limited to allowing the issuance of a Class C1(DR) license solely for the building of permeable retaining walls that may be built under such license. 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 a) The strict application of Section 15-158(c)(1) would result in peculiar or exceptional practical difficulties to Raul Tovar because of the additional requirements of building construction versus retaining wall construction; and b) Raul Tovar 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 qualify them to perform in a competent manner the building of permeable retaining walls. Commissioner Poncelow asked if a condition needs to be added related to staff verifying the newly submitted application packet. Assistant City Attorney Shehan replied the Commission is specifically granting the variance to the testing requirements; therefore, the applicant would still need to satisfy the project verification requirements and any other applicable requirements for the C1(DR) license in order for the Building Department to grant the license. The vote on the motion was as follows: Yeas: Moscrip, Poncelow, Roberts, Schneider, and Richards. Nays: none. THE MOTION CARRIED. • OTHER BUSINESS None. • ADJOURNMENT Chair Richards adjourned the meeting at 10:16 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell.