HomeMy WebLinkAbout2003 - Building Review Board - Annual Reportfort collins building & zoning dept.
BUILDING REVIEW BOARD
2003 ANNUAL REPORT
BACKGROUND:
The Building Review Board consists of seven members. Meetings are held on the last Thursday of each month
in the Council Chambers at City Hall. The Board may also meet as needed in order to convene special
meetings.
Members who served during 2003 included Charles Fielder, Leslie Jones, Gene Little, Brad Massey, John
McCoy, Jim Packard and Mike Smilie. Jim Packard resigned in May, 2003. David Carr was appointed as his
replacement. Charles Fielder served as Chairperson and Brad Massey served as Vice -Chairperson
throughout the year. Council liaison to the Board was Council Member Karen Weitkunat. Staff support was
provided by Felix Lee, Paul Eckman, Delynn Coldiron and Stacie Soriano.
2003 YEAR IN REVIEW:
As the appellate body for building codes and contractor regulations, the Board held numerous hearings:
APPEALS:
• License Approvals: The Board heard five cases from contractors asking for approval of licenses
that had been denied by staff due to incomplete and/or insufficient project experience, due to the
specialized nature of the work done by such companies which did not fit well into any of the
available Fort Collins contractor license classes, or due to the fact that violations had occurred to the
City's licensing regulations.
Nathan Moore — Appellant requested approval of a roofing license that had been denied by staff
due to the fact that the appellant was caught performing roofing work without a license or
permits at two locations in the City. Also, three of the project verification forms submitted did not
meet licensing requirements. The Board approved the appellant's request for a roofing license
but clarified that permits must be obtained prior to starting a job and that further violations would
result in another hearing before the Board to discuss disciplinary action against his license.
• Jeff Anderson, d/b/a Vista Peaks Construction — Appellant requested approval of a framing
license that had been denied by staff due to the fact that the appellant was caught performing
framing work without a license. The Board approved the appellant's request for a framing
license but instructed that a letter of reprimand be placed in his file for the violations that had
occurred.
• Mark Cortese, d/b/a The Filter Guy — Appellant requested approval of an HVAC license that had
been denied by staff due to the fact that the appellant was caught performing HVAC work
without a license. The Board approved the appellant's request for an HVAC license upon
successful completion of the HVAC exam but instructed that a letter of reprimand be placed in
his file for the violations that had occurred.
Brent Hisgen, d/b/a Colorado Custom Design/Build — Appellant requested approval of a D2
license that had been denied by staff due to the fact that the appellant was caught performing
construction work prior to obtaining a license or permit. The Board granted a 90-day temporary
D2 license pending receipt of one additional project verification form that meets the D2 licensing
criteria. They also instructed that a letter of reprimand be placed in the file due to the violations
that occurred.
BRB Annual Report - 2003
Page 2
• Craig Singleton, d/b/a Outer Space Decks — Appellant requested reinstatement of his
Miscellaneous and Minor Structures license that had been denied by staff due to the fact that
appellant was caught performing construction work prior to obtaining a license or permit. He
also requested an exemption to the square footage, increasing it from 200 to 800 square feet.
The Board approved the appellant's request for reinstatement of his license provided he passed
the related exam and paid all licensing fees and fines. Additionally, they increased the square
footage allotment to 800 square feet for decks only.
• Exam and Experience Waivers: The Board heard nine cases from contractors asking for waivers
from the City's exam or experience requirements.
William Ternes, d/b/a Custom Design & Storage Sheds —Appellant was requesting an exam
waiver based on the fact that he had attempted the test twice and failed. He mentioned that the
D1 test which is the test required for both the D1 and D2 licenses, covers information that he is
not familiar with since he does not build houses or additions and does not intend to. The Board
did not waive the test requirement, but extended the appellant's temporary license for 8 months,
giving him additional time to prepare for the test.
• Donald Reidy, d/b/a Reidy Construction — Appellant was seeking an exam waiver since his
license had expired past the 60-day grace period allowed by the ordinance. The Board denied
appellant's request for an exam waiver, but authorized a 90-day temporary license giving the
appellant additional time to prepare for the test.
• Roger Killion, d/b/a Killion Enterprises — Appellant was seeking a waiver of the experience
criteria to enable him to obtain a demolition license. The appellant had a job pending. The
Board granted a temporary demolition license that would enable the Appellant to perform the
pending demolition job only.
• Tim Keohane — Appellant was seeking an exam waiver due to reading and spelling difficulties
and the fact that he has been framing for 23+ years. The Board approved the appellant's
request.
• Mark Cortese, d/b/a The Filter Guy — Appellant was seeking an exam waiver or another 90-day
temporary license due to the difficulty he was having passing the exam. The Board granted a
second 90-day temporary license but instructed the appellant to retake the exam.
• Roger Killion, d/b/a Killion Enterprises — Appellant was again seeking a temporary demolition
license that would enable him to perform two pending demolition projects. He mentioned that
the first project he obtained Board permission to demolish did not happen. The Board approved
a temporary license that would enable the appellant to perform the demolition work for the two
pending projects described.
• Larry Schaap, d/b/a American Mechanical Service of Denver — Appellant was seeking an exam
waiver based on his years of experience in the industry and other education. As part of his
testimony he noted that he had performed work prior to obtaining his license and received a
Stop Work Order. The Board approved the appellant's request contingent on the submittal of all
necessary paperwork and fees. They also instructed that a letter of reprimand be placed in his
file due to the violations that occurred.
• M. Timothy Nolting — Appellant was seeking a waiver of the experience criteria to enable him to
obtain a Class D2 license or, alternatively, permission to complete a pending project that would
require a D2 license. The Board denied his request based on his level of experience.
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• William Tames, d/b/a Custom Design Storage Sheds, License D2-62 — Appellant was again
requesting that the Board grant him an exam waiver based on the fact that he had taken the
City's exam three times and failed on each occasion. He again mentioned that the test includes
construction questions pertinent to building entire homes and/or residential additions which he
does not get involved with. Alternatively, he asked that the test be revised to cover only those
aspects of construction that he performs and/or that the Board consider his test score of 71 % as
adequate to obtain his license. The Board agreed to accept his test score of 71% as adequate
for a limited D2 license. The limitations included: 1) single story construction; 2) 1,000 square
feet or less; and 3) no residential additions.
Exceptions/Upgrades: The Board heard seven cases from contractors and/or building owners
asking for exceptions that would allow them to build outside of the constraints of their current
license.
• William J. Russell, d/b/a W.J. Russell, Ltd. —Appellant was seeking an exemption to his Class
D1 and E licenses that would enable him to fix a roof that had collapsed on a commercial
storage building. The Board granted a one-time exemption allowing the appellant to perform the
work on the proposed project based on staff's stance that the construction would be similar to a
single-family garage which is within the scope of the appellant's D1 license.
• Steve Josephs, d/b/a Craftsmen Builders, #D2-26 — Appellant was seeking an exemption to the
1,000 square foot limitation of the D2 license as well as an exemption that would enable him to
build a single family home. The Board approved an exemption of square footage up to 2,500
square feet under his D2 license, as well as one project exemption for a single family dwelling.
• Tom Langer, d/b/a Aspenwood Construction, #D-348 — Appellant was seeking an exemption to
his D1 license that would enable him to perform a tenant finish project. The Board approved the
one-time exemption but mentioned that the appellant would be required to take and pass the
Class E license exam before any further project exemptions would be approved.
• Ron Tomasini, d/b/a Tomasini, Inc., #D2-33 and #E-180 — Appellant was seeking an exemption
to his D2 and E licenses that would enable him to construct a back porch/deck for a restaurant.
The Board granted the appellant's request but restricted that addition to 800 square feet.
• Karl Weits, d/b/a Weits Construction, #D-496 — Appellant was seeking two project exemptions to
his D1 license that would enable him to perform a tenant finish for a spa, as well as a small non-
structural addition of a sound room in a church. The Board approved both project exemptions.
• Alan Strope, d/b/a Savant Homes, #C2-77 — Appellant was seeking a project exemption to his
C2 license that would enable him to perform a tenant finish project. The Board approved the
project exemption with the restriction that the construction not surpass 4,000 square feet.
• James Rowan, d/b/a Rowan Design and Construction, Inc., License #D-505 — Appellant was
seeking a project exemption that would enable him to repair fire damage to a multi -family unit, as
well as construct an addition to a multi -family clubhouse. The Board approved both requests
based on the fact that the projects were generally similar to residential construction the appellant
had performed.
2. LICENSE HEARINGS:
The Board heard four cases against contractors who had violated the City's licensing regulations.
• Lance Landrum, d/b/a Climatech, License #H-1426 —The Board found that the respondent had
violated items 1, 2, 6 and 7 of Section 15-162 of the Contractor Licensing Regulations. They lifted
the 10-day suspension imposed by the Building Official as they considered it adequate disciplinary
action for the violations that had occurred.
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• John Duesing, d/b/a Yeti Mechanical, License #H-1151. The Board found that the respondent had
violated items 1, 2, 6 and 8 of Section 15-162 of the Contractor Licensing Regulations. The Board
denied respondent's request for reinstatement of his license, stating that they would reconsider the
item in 180 days if the respondent requested them to do so.
Arnold Drennen, d/b/a Drennen Custom Contracting, License #D-187. The Board found that the
respondent had violated items 2 and 8 of Section 15-162 of the Contractor Licensing Regulations.
The Board instructed that a letter of reprimand be placed in respondent's file. The Board lifted the
3-day suspension that was imposed by the Building Official.
• Berk Conway, d/b/a Conway Construction, License #C1-126. The Board found that the respondent
had violated items 2 and 9 of Section 15-162 of the Contractor Licensing Regulations. The Board
instructed that a letter of reprimand be placed in respondent's file. The Board lifted the 3-day
suspension that was imposed by the Building Official.
3. BUILDING CODE HEARINGS:
First Presbyterian Church — Appellant desired to demolish a vacant building on their property and
requested that the Building & Zoning department designate this as a dangerous building as defined
by the Building Code. By doing so, the building would be exempt from any landmark preservation
review requirements of the City for buildings in excess of 50 years old. The building has been
vacant since the 1997 flood. Staffs position was that the building was not dangerous, although not
habitable in its current condition. In a 3-2 vote, the Board found the building to be dangerous in its
present condition based on the information that had been presented. There was some concern
registered that this determination was difficult, if not impossible, to make without personally touring
the building.
Xylem Design, Inc. — Appellant was requesting relief from the City's exiting requirements for a
mixed -use development that was being proposed. The Code requires 44" for an exit corridor on
multi -family construction and this building does not meet that requirement. However, the appellant
presented alternative ways that the proposed project meets the intent of the Code with regarding to
exiting requirements. In a 3-2 vote, the Board approved a less restrictive adherence to Section
310.4 and 1203.4.2 of the UBC regarding emergency egress. Conditions of the approval included
1) removing an 8" block depth along the rear of the building as a means of increasing egress
access; 2) adjusting the lot line for the property owned by the appellant so that there would be an
appropriate width between the proposed project and the adjacent property; 3) adding fixed rope
ladders or a suitable substitute as designated by PFA; and 4) constructing the partial height wall
separating the mezzanine level with the floor below at no more than 43 inches high.
ADMINISTRATIVE ITEMS:
Revised Board Bylaws.
• Two Board members continued participation on the IRC Task Force convened to review the
International Residential Code. This project is currently ongoing. The November, 2003 meeting
was reserved entirely for public comment on the proposed Code changes, including changes and
requirements associated with the energy code and radon.
5. OTHER:
• Reviewed information on Radon Resistant Construction presented by the City's Natural Resources
Department. No action was required.