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HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 10/31/2024City of Fort Collins Page 1 October 31, 2024 Meeting Minutes October 31, 2024 A regular meeting of the Building Review Commission was held on Thursday, October 31, 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, Moscrip, Poncelow, Richards, Schneider, and Zimmerman ABSENT: Roberts STAFF: Coldiron, Hovland, Howell, and Shehan • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. MINUTES OF AUGUST 29, 2024 The purpose of this item is to consider approval of the minutes from the August 29, 2024 regular meeting of the Building Review Commission. Commissioner Poncelow moved to approve the minutes of the August 29, 2024 meeting as written. Commissioner Zimmerman seconded. The motion passed 6-0. Building Review Commission City of Fort Collins Page 2 October 31, 2024 2. JERRY LEMONS, LEMONS HEATING & COOLING – REINSTATEMENT OF SUPERVISOR’S CERTIFICATE REQUEST WITHOUT UPDATED EXAM DESCRIPTION: his license and his supervisor’s certificate to be issued without the required passing International Code Council (ICC) testing certificate of the code year requred for the reinstatement of a supervisor’s certificate. STAFF: Neighborhood Services Marcus Coldiron, Chief Building Official Chair Richards outlined the hearing process. Staff Presentation Russ Hovland, Building Department Chief Plans Examiner, stated Mr. Lemons was an approved contractor and tested under both the 1991 UMC in 2001 and the 2006 IBC. Hovland stated the current ordinance requires an exam with the most recent code, if available, and in this case, someone with an expired license would need to test under the 2018 code. Hovland noted Mr. Lemons’ application packet has been received and reviewed. Applicant Presentation Jerry Lemons, Lemons Heating & Cooling, said he has been in business for nearly 25 years and has held a Fort Collins license for that entire duration. Additionally, he stated he holds licenses in several other area jurisdictions and employs a full-time engineer. He stated he was unaware his Fort Collins license lapsed and commented on the fact that most of his work is in Weld County. Staff Response Hovland stated Mr. Lemons was a licensed contractor until May 23rd, when his license expired. He noted everything in Mr. Lemons’ application packet is complete other than the testing requirement. Hovland stated it is staff’s recommendation that the request be denied and that the test be required. Applicant Response Mr. Lemons stated he has employees in place to take care of issues and noted all area municipalities are under different codes. Commission Questions/Discussion Commissioner Schneider asked if Mr. Lemons has any open permits that are unresolved. Mr. Lemons stated his application packet included the last two permits he held in Fort Collins and stated he has never had any violations or outstanding issues. Commissioner Schneider asked if Mr. Lemons would have needed to update his testing if he hadn’t let his permit expire. Hovland replied he would not have had that requirement. Mr. Lemons stated he did not receive any information from the City about his license expiring and only found out when a contractor attempted to pull a permit. Commissioner Poncelow asked if the engineer employed by Mr. Lemons is current on testing. Mr. Lemons replied he was unsure. Commissioner Dunbar asked Hovland if staff has record of sending expiration notices. Hovland replied in the affirmative. Commissioner Schneider stated notices typically go out about 60 days in advance of expiration. City of Fort Collins Page 3 October 31, 2024 Commissioner Zimmerman asked if there is a grace period after license expiration. Hovland replied there is a 30-day grace period. David Howell clarified the grace period is actually 60 days. Vice Chair Moscrip asked Mr. Lemons if there is a reason he cannot take the test. Mr. Lemons replied he is in his busy season and having the time to take the test would be difficult. Commissioner Dunbar asked how many permits are currently pending the license reinstatement. Mr. Lemons replied there was only one and he lost that contract, though there may be two others coming forward. Chair Richards stated this is an unfortunate circumstance, though it seems as though the Commission needs to uphold the precedent it has set for other applicants. Commissioner Dunbar stated that while maintaining licenses in several jurisdictions can be difficult, it is important, and that responsibility falls to the contractor. Commissioner Schneider noted Mr. Lemons has held his license for 25 years and having a timing error does not mean he is unqualified to do his job. He stated it is difficult for small business owners to operate right now and expressed support for reinstating the license. Vice Chair Moscrip concurred it is an unfortunate circumstance and commented on his experience as a small business owner. He stated it is important for contractors to keep their licenses current. Commissioner Schneider stated there was only a lapse of a couple months. Commissioner Zimmerman noted there is already a 60-day grace period, and historically the Commission has not deviated from that. He stated a line needs to be set, and the City has set that at 60 days. Chair Richards asked if there is any additional contact from the City once the grace period begins. Howell replied there is no other point of contact after a license expires, just the letter that goes out approximately 60 days prior. Commissioner Zimmerman suggested there should be some communication after a license expires notifying contractors of the grace period. He stated this could provide an impetus to change the notification process and justify an exception in this case with that in mind. Commissioner Poncelow concurred the City could do a better job with notification; however, it remains Mr. Lemons’ responsibility. He asked Mr. Lemons if he has made any changes to how he monitors his licenses. Mr. Lemons replied he has worked with his office manager to place expiration dates on a calendar. Commissioner Dunbar stated it is a courtesy that the City sends out the notification, and when a license is issued, it is clear when it is going to expire. Chair Richards stated no one is questioning Mr. Lemons’ ability to do his work, and there are no outstanding issues. He stated the Commission could strongly recommend that a secondary notification be implemented; however, he stated he is of the opinion that the appeal needs to be denied based on established precedent. Commissioner Dunbar concurred. Chair Richards made a motion that the Building Review Commission deny the requested variance to City Code Section 15-157(c). The Commission finds that based upon the materials presented and discussion on this item: The strict application of Section 15-157(c) would NOT result in peculiar or exceptional practical difficulties or exceptional or undue hardship upon Mr. Lemons; and Mr. Lemons 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 the construction authorized under an HVAC license and City of Fort Collins Page 4 October 31, 2024 supervisor’s certificate. 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. Commissioner Dunbar seconded. The motion passed 5-1 with Commissioner Schneider dissenting. Chair Richards noted the decision could be appealed to City Council and requested the City revisit the license expiration notification process. Commissioner Zimmerman concurred and suggested automatic emails could be sent up leading up to the expiration and during the grace period. • OTHER BUSINESS None. • ADJOURNMENT Chair Richards adjourned the meeting at 9:38 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell.