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HomeMy WebLinkAboutBuilding Review Commission - MINUTES - 05/29/2025Eric 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 May 29, 2025 A regular meeting of the Building Review Commission was held on Thursday, May 29, 2025, at 9:00 a.m. in person at 300 Laporte Avenue, Fort Collins, Colorado. •CALL TO ORDER Vice Chair Moscrip called the meeting to order at 9:00 a.m. •ROLL CALL PRESENT: Dunbar, Moscrip, Poncelow, Schneider, and Zimmerman ABSENT: Richards, Roberts STAFF: Coldiron, Manno, Shehan, Matsunaka, McGaffin •PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. •DISCUSSION AGENDA 1.MINUTES OF FEBRUARY 27, 2025 The purpose of this item is to consider approval of the minutes from the February 27, 2025 regular meeting of the Building Review Commission. Commissioner Poncelow moved to approve the minutes of the February 27, 2025 meeting as written. Commissioner Zimmerman seconded. The motion passed 5-0. Building Review Commission 2. ADOPTION OF THE 2024 INTERNATIONAL FIRE CODE DESCRIPTION: International Fire Code (IFC) with local amendments. The local amendments being proposed have been created and stakeholders, the PFA board, and the Poudre Valley Fire Protection Board. The Ordinance No. 051, 2025, which has already been adopted on First Reading, in any way conflicts with the City’s Building Code. Additionally, Staff is asking the amendment to the Ordinance. STAFF: Shawn McGaffin, Division Chief/Fire Marshal of Poudre Fire Authority (PFA) Katie Quintana, Assistant Fire Marshal of Technical Services (PFA) Staff Presentation Marcus Coldiron, Chief Building Official, stated the purpose of this item is to request a recommendation to City Council regarding an update to Chapter 9 of City Code, which would adopt by reference the 2024 International Fire Code (IFC) with local amendments. He noted the local amendments have been created and approved by PFA’s external stakeholders, the PFA Board, and the Poudre Valley Fire Protection Board. Additionally, he noted the Commission has been asked to consider whether Ordinance No. 051, 2025, which has already been adopted on First Reading, in any way conflicts with the City’s Building Code, and staff is asking the Commission to consider a recommendation to City Council regarding a proposed amendment to the Ordinance. Coldiron discussed the committee that reviewed the 2024 IFC and suggested local amendments. He noted the 2024 IFC along with the suggested local amendments were both unanimously approved by the PFA Board and Poudre Valley Fire Protection Board. He stated City Council postponed Second Reading of the Ordinance adopting the IFC and local amendments to allow for the BRC to consider whether the Ordinance is consistent with the City’s Building Code. Additionally, after First Reading of the Ordinance, City staff identified concerns with the proposed appendix which delegates the City’s authority to hear and decide appeals of the Fire Code to PFA. He stated the current Code authorizes the BRC to act as the Fire Board of Appeals and stated staff has worked with PFA to propose a revised appeals model that will meet the needs of both entities. He stated that under the revised model, the Fire Board of Appeals would consist of the Chair of the PFA Board of Directors, the City Manager, and the City’s Chief Building Official, with substitutions allowed in the event that one of the officials is unavailable or must recuse themselves. Coldiron stated staff intends to request that Council move to amend the Ordinance on Second Reading to adopt the revised model for the Fire Board of Appeals and repeal Section 9-3. Additionally, staff is requesting the Commission consider whether to recommend to Council to move to amend the Ordinance on Second Reading as requested by staff. Commission Questions/Discussion Commissioner Schneider asked how the Building Code Adoption Committee’s recommendations regarding Chapter 10 will be included. Coldiron replied the Building Code Adoption Committee has made it through most of the Codes and the Committee will likely sunset in July. He stated he has worked with PFA for them to do a mid-cycle adoption and once the Building Codes go before Council, the Fire Code will also be brought back to ensure the Building Code and Fire Code are aligned. Commissioner Poncelow asked about some of the more significant changes to the IFC for 2024. Shawn McGaffin, Division Chief/Fire Marshal of Poudre Fire Authority, replied there are some new items related to temporary housing, lithium-ion batteries, electric powered mobility devices, emergency responder communication system updates, and recognizing the hybrid fire extinguishing system. Commissioner Dunbar stated the new appeals process appears to eliminate the option of taking an appeal to City Council after an initial decision is made. Assistant City Attorney Shehan confirmed that is the case. Commissioner Schneider asked about the reasoning for that given that all other Codes are appealable to Council. Assistant City Attorney Shehan replied there has been some direction to reduce the amount of appeals going to City Council. Chief McGaffin noted the original reason behind shifting the appeals process to PFA was driven by Larimer County as it will no longer accept Fire Code appeals, and PFA was attempting to keep the process consistent across its service area. However, the City of Fort Collins disagreed which is why the new model was developed. He noted the appeals process will be handled internally through PFA for both Larimer County and Timnath. Commissioner Poncelow expressed concern about individuals not having the ability to appeal a decision to an elected official. Commissioner Dunbar stated one of the reasons the BRC exists is to hear appeals, so they do not all go directly to City Council. He stated he does not have concerns with any of the other aspects of the Ordinance and asked if the appeals process portion could be separated. Assistant City Attorney Shehan replied a condition could be added to the motion and provided suggested language. Members and Assistant City Attorney Shehan discussed language that could be part of the motion given various scenarios regarding what the Commission would like to recommend. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) Commissioner Schneider moved that the Building Review Commission recommend that Council adopt on Second Reading, Ordinance No. 051, 2025, with an amendment to maintain the current process for appealing decisions of the Fire Code Official to the Building Review Commission. The Commission finds that based upon the materials presented and discussion on this item, the Ordinance with the proposed amendments is consistent with the City’s Building Code. Commissioner Poncelow seconded. Commissioner Schneider stated the recommendation to retain the current appeals process has nothing to do with the work of PFA. He concurred with fellow Commissioners that there are potential instances in which elected officials need to be a final decision maker. Commissioner Zimmerman concurred with the idea that all appeals should have ultimate redress to elected officials. The motion passed 5-0. 3. REQUEST FOR VARIANCE TO PROJECT VERIFICATIONS REQUIRED FOR A NEW CLASS D2 LICENSE AND SUPERVISOR’S CERTIFICATE DESCRIPTION: the project verification requirement to obtain a Class D2 license and supervisor’s certificate. STAFF: Marcus Coldiron, Chief Building Official Mike Montoya, Ethos General Contractors, introduced himself and stated he is present on behalf of the company’s owner, Constantine Anest. Vice Chair Moscrip outlined the hearing process. Staff Presentation Shar Manno, Customer Support Manager, outlined the request for a variance to project verifications required for a new class D2 license and supervisor’s certificate. She discussed the Code requirements related to project verifications and discussed those submitted by Mr. Anest, which were deemed insufficient. Additionally, she noted Mr. Anest currently holds a roofing plus license and supervisor’s certificate and has been actively pulling permits since 2021 with 12 expired permits and three violation condition notices from 2015, 2017, and 2018. Manno stated staff is recommending denial of the variance request based on the fact that the project verifications submitted do not demonstrate the applicant is qualified to perform the work at a class D2 license level as they do not list the applicant as the responsible party. She outlined the items for the Commission to consider. Applicant Presentation Mike Montoya, Ethos General Contractors, stated the company is able to remedy the 12 expired permits and stated the reason for requesting the class D2 license is related to wanting to grow the business and expand into doing deck and other work for property management companies that are clients, specifically some concrete casing work. He stated the company has no desire to build from the ground up and would be willing to accept a restriction to allow for only deck work. Staff Response Manno asked if Mr. Anest would be able to provide verifications for completed projects outside Fort Collins. Mr. Montoya replied he would reach out to Mr. Anest for that information. Chief Building Official Coldiron noted a class D2 license does not have the one-story or 300-square- foot limitations that are included in a class MM license. Applicant Response None. Commission Questions/Discussion Commissioner Dunbar asked if the three violation condition notices are still active or whether they were remedied. Manno replied stop work orders were issued for not pulling permits, though most of them were ultimately remedied. Commissioner Schneider stated he is hesitant to allow a variance to a D2 license based on the information provided. Commissioner Poncelow asked if Ethos does work in other jurisdictions. Mr. Montoya replied in the affirmative and stated they are licensed at higher levels in other jurisdictions, but reiterated their main focus is roofing, gutters, and restoration work. Commissioner Zimmerman asked if there has been a request for project verifications for the MM license. Manno replied she typically tells contracts to submit project verifications that would apply to the highest license classification for which they would be qualified. She stated she would be happy to look at any project verifications from those jurisdictions in which they hold a higher license type. Vice Chair Moscrip concurred with Commissioner Schneider and stated that the company has done enough work that the appropriate paperwork should be available. Commissioner Dunbar made a motion that the Building Review Commission deny the requested variance to City Code Section 15-158(a)(2). The Commission finds that based upon the materials presented and discussion on this item: the strict application of Section 15- 158(a)(2) would not result in peculiar or exceptional practical difficulties or exceptional or undue hardship upon Mr. Anest; and Mr. Anest 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 a Class D2 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. Commissioner Zimmerman seconded. Commissioner Dunbar encouraged Ethos to work with the City to provide the requested project verification forms. Vice Chair Moscrip concurred. The motion passed 5-0. • OTHER BUSINESS None. • ADJOURNMENT Chair Richards adjourned the meeting at 10:07 a.m. Minutes prepared by and respectfully submitted by Melissa Matsunaka.