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HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 12/19/2024City of Fort Collins Page 1 December 19, 2024 Meeting Minutes December 19, 2024 A regular meeting of the Building Review Commission was held on Thursday, December 19, 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, Roberts, Schneider, and Zimmerman ABSENT: None STAFF: Coldiron, Manno, Howell, and Shehan • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. MINUTES OF OCTOBER 31, 2024 The purpose of this item is to consider approval of the minutes from the October 31, 2024 regular meeting of the Building Review Commission. Commissioner Dunbar moved to approve the minutes of the October 31, 2024 meeting as written. Commissioner Zimmerman seconded. The motion passed 7-0. Building Review Commission City of Fort Collins Page 2 December 19, 2024 2. JASON BROKHAUSEN, BASEMENTS UNLIMITED – REINSTATEMENT OF SUPERVISOR’S CERTIFICATE REQUEST WITHOUT UPDATED EXAM DESCRIPTION: Remodeling, LLC) is requesting a reinstatement of his supervisor’s certificate to be issued without the required passing International Code Council (ICC) testing certificate of the code year required for the rei certificate. STAFF: Neighborhood Services Marcus Coldiron, Chief Building Official Chair Richards outlined the hearing process. Staff Presentation Shar Manno, Manager, Customer Support, Community Development and Neighborhood Services, stated the original application came in as a business name change from Tradesmen Remodeling, LLC to Basements Unlimited which triggered the need for reinstatement. Manno outlined the history of Mr. Brokhausen’s license and noted it was expired at the time of submittal for the business name change. Manno stated Mr. Brokhausen’s passing testing certificate on file covers the 2012 IRC testing, and currently the Chief Building Official is requiring 2018 code year testing with some exceptions wherein the 2015 code year is the only available cycle. Manno stated staff is recommending denial of the request as the applicant has not completed the approved ICC code year testing as required for reinstatement of the supervisor’s certificate. She also outlined the options for the Commission. Applicant Presentation Jason Brokhausen, applicant, stated he is requesting reinstatement without the required passing testing certificate as he missed the deadline by approximately ten days, during which time he was in Florida helping with hurricane relief. He stated he strictly finishes basements and does not structural work and stated the items between those code years that may have changed are less than 5% of what is being tested. Mr. Brokhausen stated he has always been in good standing with the City and commented on Tradesmen Remodeling using his license after changing ownership. Staff Response Manno stated the ER license that Mr. Brokhausen currently holds is listed under Tradesmen Remodeling with all of the original address information provided. Applicant Response Mr. Brokhausen stated he was forced to take a break from work for health reasons and Tradesmen Remodeling was sold to the people who live at the address indicated by the City and part of that transaction was to include them changing that information, which did not seem to occur properly. He urged the Commission grant his request so he can return to work. Commission Questions/Discussion Commissioner Schneider asked staff to describe the license renewal application process. Manno replied that expiration letters are generated and mailed out every month, and two-month notifications have been the standard; however, that will change at the beginning of the year to involve multiple notifications for licenses that are set to expire within the next two months. Additionally, there is a 60- day grace period after the expiration date. Upon receipt of application packets, applicants are emailed if items are lacking, and once an application is complete, payment is required. City of Fort Collins Page 3 December 19, 2024 Commissioner Dunbar asked Mr. Brokhausen to describe his typical level of work. Mr. Brokhausen replied he does not take on any projects requiring structural work and only does basic framing, some electrical work, insulation, HVAC work, drywall, and finish work. He stated he brings in licensed sub- contractors if needed. Marcus Coldiron, Chief Building Official, asked Mr. Brokhausen if he ever does projects involving installing egress windows. Mr. Brokhausen replied in the negative. Commissioner Moscrip asked why the certificate did not stay with Mr. Brokhausen when he sold the business. Mr. Brokhausen replied he was contracted with the business as a consultant to help them learn the business over a couple years, and the new owners were supposed to change the licenses to their names. Commissioner Moscrip asked staff if Mr. Brokhausen has been in good standing with the City up to this point. Manno replied there have been no condition notices or violations associated with Mr. Brokhausen’s license and every project with the exception of one has been completed. Chair Richards asked how long it has been since Mr. Brokhausen worked with Tradesmen Remodeling and pulled a permit. Mr. Brokhausen replied it was likely 2021 or 2022. Chair Richards asked staff if Tradesmen Remodeling has pulled permits since those years. Manno replied one permit was pulled on 11/17/21 and two others were pulled in 2023. Commissioner Moscrip asked what supervisor’s certificate was used when the 2023 permits were pulled. Manno replied those two projects were started in 2022 and the applications were both signed by Mr. Brokhausen. Mr. Brokhausen replied those were not his signatures and he has discovered this has been happening in multiple jurisdictions. Commissioner Dunbar asked Mr. Brokhausen if he is licensed in other jurisdictions. Mr. Brokhausen replied in the affirmative and stated he currently has projects in Johnstown and Severance. He stated he has projects ready to start in Fort Collins pending the outcome of this hearing, one being a small basement finish. Commissioner Moscrip asked Mr. Brokhausen if there is any reason he cannot take the test. Mr. Brokhausen replied it would likely take him some time to learn the code, but stated he could take the test. He stated he has a project coming up, thus the need for the urgency. Commissioner Moscrip stated the code changes quite a bit over time and life safety issues could be at stake, even with a basement remodel. Commissioner Dunbar stated there may be some underlying issues that are not within the purview of the Commission. Chair Richards stated it is clear the City needs to follow up on the business perhaps operating under a license that is not its own. Coldiron replied there are some unusual aspects; however, he can only reference what the Municipal Code requires of contractor licenses and supervisor’s certificates. Chair Richards asked if the City has a process in place to allow a contractor to bring forth a complaint regarding a company operating under a license that is not its own. Coldiron replied there is a contractor complaint form and explicit evidence is required. Mr. Brokhausen stated the people he sold the business to were to acquire their own license after a period of time during which a consultant oversaw projects, and he was unaware they did not do that until recently. He stated the business sold in late 2020, and the new owners were given two years of consulting, after which time it was the new owners’ obligation to have everything in their name. Commissioner Roberts stated there have been a great deal of changes since Mr. Brokhausen last had a passing test. City of Fort Collins Page 4 December 19, 2024 Commissioner Dunbar stated this is an unfortunate situation on many levels; however, the question before the Commission is clear and there is precedent to honor the grace period set forth by the City, and that was missed in this case. Commissioner Dunbar made a motion, seconded by Commissioner Moscrip, 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 the discussion of this item, that the strict application of 15-157(c) would not result in peculiar or exceptional practical difficulties or exceptional or undue hardship upon Mr. Brokhausen; and Mr. Brokhausen 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 E(R) license and 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. The motion passed 7-0. Chair Richards encouraged Mr. Brokhausen to work closely with the Building Department moving forward, but noted he can appeal the decision to City Council. 3. BRC 2025 ANNUAL WORK PLAN DESCRIPTION: November 30 for the following year. According to the Boards and Commissions Manual, work plans should set out major projects and issues for discussion for the following year. The purpose of this item is to approve the 2025 Annual Work Plan of the Building Review Commission. STAFF Staff Presentation Marcus Coldiron, Chief Building Official, outlined the role and responsibilities of the Commission and noted the Commission will also be involved in the reinstated Code Adoption Review Committee in the coming year. Coldiron went on to discuss other components of the Commission’s Work Plan for 2025 and outlined proposed process changes for the Building Department. • OTHER BUSINESS None. • ADJOURNMENT Chair Richards adjourned the meeting at 9:53 a.m. Minutes prepared by TriPoint Data and respectfully submitted by David Howell.