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HomeMy WebLinkAboutBuilding Review Board - Minutes - 01/29/20041 ►Q Minutes approved by the Board at the February 26, 2004 Meeting FORT COLLINS BUILDING REVIEW BOARD Regular Meeting — January 29, 2004 1:00 P.M. Council Liaison: Karen Weitkunat StaffLiaison: Felix Lee (221-6760) Chairperson: Charles Fielder hone: 484-0117(W), 207-0505(H) A regular meeting of the Building Review Board was held on Thursday January 29, 2004, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins, Colorado. BOARDMEMBERS PRESENT: Charles Fielder Leslie Jones Gene Little (arrived at 1:10 p.m.) Bradley Massey John McCoy Michael Smilie BOARDMEMBERS ABSENT: David Carr STAFF MEMBERS PRESENT: Felix Lee, Building and Zoning Director Delynn Coldiron, Contractor Licensing Administrator Stacie Soriano, Staff Support AGENDA: ROLLCALL The meeting was called to order by Chairperson Fielder, and roll call was taken. APPROVAL OF MINUTES Massey made a motion to approve the minutes from the December 18, 2003, meeting. Jones seconded the motion. The motion passed. BRB 01/29/2004 Page 2 3. Contractor Hearing— Alan Strope, d/b/a Savant Homes, Inc., License #C2-77, Case #01-04 Fielder explained the procedure for contractor hearings. Lee provided an introduction to the appeal. Fall River Building Company originally sought to pursue a license for the project in question and then decided not to pursue the license. The project was at 1721 East Harmony Road for a $96,000 tenant finish. The Respondent appeared before the Board on October 30, 2003, to obtain a one-time exemption to enable him to perform the Class E tenant finish project. The request was approved by the Board. The permit was issued and subsequently construction started. A building inspector stopped at the job site on January 6, 2004, to perform final inspections and the inspection requested was called in by Frank (an employee of Savant Homes). The inspector met with Frank from Savant Homes about the project and the individual could not give specific information about the work. It was apparent to the inspector that this person had not been involved with the project. The inspector questioned the tenant of the space to see if they knew Frank, and the tenant did not. The job failed the inspection. It was alleged that Fall River was managing and supervising the project. While on the premises the inspector noted that office space had been established and employees of the tenant were working without final inspections having been completed. Staff believed that the failed inspection and demonstrated lack of specific knowledge about the project indicated that there was a lack of supervision on the project. Staff contacted the trades listed on the permit and the subcontractors confirmed that they did perform work on the project. The subcontractors stated that they worked for Fall River Building Company. Lee noted Strope's license was suspended on January 19, 2004. The allegations were as follows: (1) there was a failure to provide adequate personal supervision on the work site; (2) knowing or deliberate disregard of the building code or any other code adopted related to a specific construction under the responsibility of the certificate holder or license holder as set forth; (3) failure to comply with any provision of the Code related to a specific construction project under the responsibility of the certificate holder or license holder; (4) misrepresentation of the material fact in obtaining a building permit license or supervisor's certificate; (5) the authorized holder of a license or supervisor certificate or lending or consenting to the use of such credentials by the person other then the license holder thereof; and (6) the act of employing compensated workers who are performing construction or who are working in trade for which a license or credentials is otherwise required and such workers are neither employees or exempt specialized trade subcontractors as defined in the code. Alan Strope addressed the Board. Strope stated that the project was managed and supervised by Savant Homes. Savant was issued a one-time exemption on October 30, 2003, for the project. Fall River Building Company was denied the appropriate license for the project, and therefore Savant was the general contractor, although Fall River was authorized by Savant to obtain the building permit and to schedule subcontractors. On November 3, 2003, Strope and his project manager met with Bobby Lee Murphy from Fall River. The tenants of the building are owned by the same individual and a relationship was maintained between Fall River, Savant, and the tenants. Fall River had and ongoing relationship with the subcontractors there were used by Savant. Savant Homes provided complete on site supervision from the start to the end of the project. Frank Holzworth, project manager for Savant, was on the job site daily and reviewed the progress, methods of construction, safety, compliance with the building code, and the approved plans by the City of Fort Collins Building Department. There was daily BRB 01/29/2004 Page 3 communication between Savant Homes and Bobby Lee Murphy. Strope compared Bobby Lee's role to that of a homeowner on a custom built home. Strope denied all of the allegations. Frank Holzworth, Project Manager for Savant Homes, addressed the Board. Holzworth stated that he was almost constantly on the job site. He had constant communication with Savant Homes as well as with Murphy. Holzworth explained his duties. Lee asked Strope how often he was on the jobsite. Strope replied that he would come to the job site periodically in making the rounds to all of his job sites. Strope stated that he was unable to be at one job site throughout the entire process, although he maintained constant communication with his employees that were on the site. Lee asked if he was there daily. Strope replied no but that he did show up a of couple times a week. Lee asked how long the construction process lasted. Strope commented that the construction was started on the 15`h of November and it was finished on the 8`h of January. A final walk-thru will be performed soon to ensure that the tenant was satisfied. Lee questioned Strope when he gave the okay to occupy the building. Strope responded that the owner of the business Cindy Jean was attempting to get the phone lines installed on this particular project. The completion was originally set for the week prior to Strope completing the job but there was a delay due to the coloring of the concrete. Cindy Jean put in a desk for herself to work while she waited for the phone lines to be installed. Strope confirmed that the situation was not typical. Lee asked Strope what Holzworth's position was in the company. Strope replied that he was the project manager. Holzworth has been in the construction industry for 20 years. Strope reviewed Holzworth's experience. Lee questioned if Holzworth had a supervisor's certificate with the City of Fort Collins. Strope replied no. Bobby Lee Murphy, representative for Fall River Building Company and Mile High Windows and Doors, addressed the Board. Murphy stated that Fall River was going to do a joint project in Fort Collins. While applying for the permit he was informed that a general contractor was needed. Fall River contacted Savant Homes about being the general contractor. Murphy verified his role in the project and stated there was no intention to "skirt" the City's processes. Holzworth addressed the Board and wanted to respond to the inspector's comments. Holzworth met the inspector. Holzworth was unsure as to why the inspector felt he could not give any specifics about the project. Holzworth presented his objections to some of the inspector's comments. He noted that there was also miscommunication between Cindy Jean and the inspector. Strope read letters in favor of the project from the following individuals: (1) David McLean the owner of Fall River Building Company and Mile High Doors and Windows; (2) Kevin and Cindy Jean of Kitchen Planners; and (3) an email from the building owner. Strope made his closing statements. Lee noted that staff was at a disadvantage because the inspector was unable to attend the meeting due to a family emergency and therefore unable to BRB 01/29/2004 Page 4 testify in person. Based on the testimony presented, Lee withdrew the allegations and recommended no action. Finding of Fact Massey stated that there was nothing to dispute the Respondent's comments. Fielder made a motion that neither allegations 1, 2, 4, 5, 6 can be substantiated. Little seconded the motion. The motion passed. Vote: Yeas: Jones, Little, McCoy, Fielder, Massey, and Smilie. Nays: None. Disposition Fielder made a motion that the temporary suspension be lifted. Massey seconded the motion. The motion passed. Vote: Yeas: Jones, Little, McCoy, Fielder, Massey, and Smilie. Nays: None. 4. Contractor Hearing — David Boss, d/b/a Lefever Building Systems, Inc., License #B-311; Case #02-04 Lee provided an introduction to the appeal. The project application was originally submitted by the owner of the property at 313 West Drake Road. Based on the required demolition work and other alterations that exceeded the limits set forth in the licensing ordinance, the owner was informed that a contractor would be required to do the work and subsequently Lefever Building Systems was contracted. The contractor then obtained clarification from staff related to the licensing requirements and was made aware that the general contractor and/or his employees would be allowed to do the demolition work authorized by the permit. On January 7, 2004, the inspector met with the owner. The inspector asked to speak with the contractor and the contractor was not on site. The inspector questioned a worker on -site regarding his employer. The worker indicated he was employed by Lefever Building Systems. The inspector called the Respondent and asked about the on -site employee. The Respondent mentioned that he did not have any employees on site. The worker then changed his story and stated that he was hired by the owner. The Respondent noted that he was under the impression that work could be done by subcontractors with daily inspections by the contractor of record. However, staff noted that this was a violation of the regulations. Staff received a letter on January 8, 2004, that indicated the contractor's desire to rescind the demolition building permit for this job. Lee noted the alleged violations: (1) Knowing or deliberate disregard of the building code or any other code adopted by the city related to a specific construction project under the responsibility of the supervisor or license holder set forth in this Article; (2) Failure to comply with any provision of the Code related to a specific construction project under the responsibility of the BRB 01/29/2004 Page 5 supervisor certificate holder or license holder as set forth in this Article; (4) Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate; and (5) The authorized holder of a license or supervisor certificate lending of or consenting to the use of such credential by person(s) other than the holder thereof. Dave Boss of Lefever Building Systems addressed the Board. Boss submitted the following items to the Board: (1) construction management agreement with the owner; (2) the letter he wrote to the owner requiring that no further work be done on the project and (3) a letter from the owner stating that work was ceased on January 2, 2004, when Boss rescinded the building permit. Boss put together a timeline beginning with January 2, 2004. The owner contacted him and requested that he manage the project and assist with obtaining the building permit. Boss and the owner drafted and signed the agreement. Boss and the owner went down to the Building Department and the customer service representatives informed him that the work must be done by Boss or his employees. The two left the Building Department without applying for the permit. On January 5, 2004, the owner called Boss and indicated that he (the owner) went to the City and said that on small non-structural demolition projects that full-time supervision was not required. Boss stated that was where he used his bad judgment. The owner of the building started the project. Boss felt that daily on site inspections were adequate for the project. During the first inspection workers were cleaning up and were in the process of removing sheathing. On January 6, 2004, the joists and ducts were removed. B&B Electric was capping the electrical system. Boss continued with the timeline and on January 7, 2004, he stated that he received a phone call from the building inspector and was notified that the project was in violation. Boss called the owner and told him to stop work immediately. The owner said that he did stop work. Boss did not make anymore jobsite inspections after January 7, 2004. Boss was puzzled by the employee that lied. Boss stated that he never had any employees on the jobsite. Boss explained the scope of the project. Lee stated he was personally involved in the permit process and discussion with the building owner. Lee said that it was made perfectly clear that the work was beyond the scope of the owner, and more importantly, that the work had to be done by a licensed contractor. The building owner assured Lee that his employees would only be doing clean-up and trash removal. Smilie asked Boss if he felt that he was misled by the building owner. Boss replied yes. Rick Taylor, owner of Lefever Building Systems, made a closing statement. Taylor acknowledged the violation. It was a first time violation for the company. Taylor stated that he now fully understood the regulations, and there was no willful intent. Lee made his closing statements. Lee stated that it was a clear violation from the beginning and the owner was involved, and should not have been. Finding of Fact Massey made a motion for finding of fact and found Boss committed items 2 and 5. McCoy seconded the motion. The motion passed. BRB 01/29/2004 Page 6 Vote: Yeas: Little, Jones, McCoy, Fielder, Massey, and Smilie. Nays: None. McCoy made motion that a letter of reprimand be placed in the contractor file noting the finding of fact. McCoy recommended that the suspension be lifted. Fielder made an amendment to McCoy's motion that the Board recognized that there was remorse and admission of the alleged violations. McCoy agreed. Little seconded the motion. The motion passed. Vote: Yeas: Little, Jones, McCoy, Fielder, Massey, and Smile. Nays: None. 5. Contractor Hearing — Christian Ray, d/b/a Vantage Properties, LLC, License #D-156; Case #03- 04 Lee provided an introduction to the appeal. The Respondent holds a Class D1 license with the City that was issued in 1987. The license lapsed because of non -renewal in 2002, and subsequently he appeared before the Board. Ray requested an exam waiver. The Board reinstated his license. Recently, the Respondent was issued a stop work order on December 31, 2003, for work being performed at 518 South Howes Street prior to obtaining the required permit. The Respondent's license was suspended as of January 15, 2004. Further legal action was taken with a summons to Municipal Court. The allegations were as follows: (1) Knowing or deliberate disregard of the building code or any other code adopted by the City related to a specific construction project under the responsibility of the supervisor or license holder set forth in this Article; (2) Failure to comply with any provision of the Code related to a specific construction project under the responsibility of the supervisor certificate holder or license holder as set forth in this Article; and (3) Failure to comply with any lawful order of the Building Official. Christian Ray addressed the Board. Ray explained that he had submitted his plans, and thought he was within hours or a day of having the permit ready. The jobsite was in a student dominated neighborhood, and Ray wanted the project finished prior to the students returning to school. Ray had scheduled engineers for inspections as well as contractors for the concrete work anticipating that the building permit would be ready. Ray was out of town when the stop work order was placed on the property, and an employee was supposed to obtain the building permit. Ray admitted to his wrong doing. Ray made his closing statements. Ray stated that he suffered three punishments (double permit fee, court summons, and an appearance at BRB). Lee made his closing statements. BRB 01/29/2004 Page 7 Finding of Fact Smilie wanted to know the nature of the work. Ray replied that an existing house was torn down. The excavation was part of the demolition because old stone footings had to be taken out. McCoy made a motion that item numbers 1, 2, and 6 were committed. Little seconded the motion. Vote: Yeas: Little, McCoy, Fielder, Massey, and Smilie. Nays: Jones. Little made a motion to place a letter of reprimand in Mr. Ray's file. Little reinstated the license. Fielder wanted Little to amend his motion noting that Mr. Ray was remorseful. Little agreed. Massey seconded the motion. Vote: Yeas: Little, Jones, McCoy, Fielder, Massey, and Smilie. Nays: None. 6. Contractor Appeal — Randy Richardson, d/b/a Richardson Construction Company, License #D- 138, Case#03-04 Lee provided an introduction to the appeal. The Appellant requested an exam waiver based on his 20 plus years of experience, and approval for reinstatement of his D1 license. The license had expired requiring him to go through a new application process, including testing. The renewal was not received until November 28, 2003, and the grace period ended one month and a half prior to that date. The Appellant passed the City's limited contractor's license exam in 1980, and no other tests have been taken since that date. Lee issued a 30 day temporary license pending a decision from the Board. Randy Richardson addressed the Board. Richardson stated that he has been operating in the area for the past 20 years. Richardson moved to Greeley five years ago, and has not worked in Fort Collins since that time. Richardson explained his situation and admitted that the submission was late. Fielder asked if Richardson had any other credentials that he wanted the Board to consider. Richardson replied no, although he has taught classes on estimating and blue print reading. Richardson stated that he started his business in 1969, and he served a four year apprenticeship with the Carpenters Union in California. Fielder asked how many projects are performed by Richardson on average. Richardson replied that his gross income on projects was $300,000. Richardson made his closing statements. Lee made his closing statements. Massey made a motion to approve the reinstatement of Richardson's license. Little seconded the motion. The motion passed. BRB O1/29/2004 Page 8 Vote: Yeas: Little, Jones, McCoy, Fielder, Massey, and Smilie. Nays: None. 7. Other Business Lee gave an update on the IRC and noted that the task group will be meeting on February 11, 2004. Annual Report Fielder made a motion to approve the annual report. Massey seconded the motion. The motion passed. Vote: Yeas: Little, Jones, McCoy, Fielder, Massey, and Smilie. Nays: None. Election of Officers Jones made a motion to maintain the current officers (Chair/Fielder and Vice-Chair/Massey). McCoy seconded the motion. The motion passed. Vote: Yeas: Little, Jones, McCoy, Fielder, Massey, and Smilie. Nays: None. Meeting adjourned at 3:00 p.m. Felix Lee, Building & Zoning Director Charles Fielder, Chat erson