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HomeMy WebLinkAboutBuilding Review Board - Minutes - 07/27/1995Building Review Board July 27, 1995 Minutes Members present: Meleski Brown Sutton (arrived 1:30pm) Cornell Cotterman Members absent: Hansch Froseth Staff present: Felix Lee Ann Chantler Mike Gebo, Building Dept John Duvall. City Attorney's Ofc Steve Roy, City Attorney Staff Liaison: Felix Lee Council :Liaison: Ann Azari The Building Review Board was called to order by Vice Chairman Cornell. Board chairman Sutton arrived approximately 1:30pm. The minutes from the June meeting were approved with correction. Roofing Ordinance Mr. Roy addressed the Board and presented a copy of a letter he wrote to John Meleski regarding the ordinance. He discussed item #3 in the letter, the Board's authority to grant dispensation to any R-3 residential building owner to allow for the use of Class C wood shingles. He stated he agreed with Felix Lee that one of the functions of the Board is to review and approve alternate materials. Once that determination is made, on a case by case basis, with regard to a particular application, if the Board was to take that issue on, n u Building Review Board July 27, 1995 Page 2 and make a determination that class C wood shingles are the equivalent of Class C asphalt, then that determination would be subject to appeal to the City Council. Board member Cotterman asked if a member of staff (particularly the Fire Department) could appeal. Mr. Roy stated they could not. Board member Meleski stated the Uniform Building Code had nothing to do with durability He asked if someone were to argue that a wood shingled roof does not last quite as long as a asphalt shingled roof, would that be a legal argument? Mr. Roy stated that all the criteria is there for the Board's use as long as it is relevant. Board member, Meleski stated, the Board has voted to back him in determining, that wood shingles provide the same degree of safety. He asked if this Board could publish information in the newspaper that class C wood shingle can be used on R-3 residential structures and that anyone who wants to appeal will get the Board's approval. Mr. Roy stated the Building Review made a recommendation to the City Council in an advisory capacity upon the Council's request. Mr. Roy reviewed the duties of the Building Review Board per the City code (2-119). He said the City Council asked for an opinion from this Board, a recommendation of this ordinance, and then the Council voted accordingly. The Building Review Board did not make any formal finding on this ordinance. Mr. Roy addressed Mr. Meleski's question by saying, that if the BRB were to publish something, the BRB would not be within it's authority in performing the duties under the code. He added, most importantly that the Board would be publishing findings and the Board has not made any formal finding. Mr. Roy said he was against the resolution proposed by Mr. Meleski. He stated the Building Review Board cannot require the mayor or the city attorney to do anything. Mr. Meleski said when the Building Review Board adopted the 1991 Uniform Building Code, it states that if someone is going to alter the building code, they need to come to the Building Review Board for an opinion and recommendation. Mr. Roy added the code does not require the City Council to elicit the Building Review Board's advice on any ordinance it passes. Mr. Meleski said staff is required to elicit the BRB's advice when they want to amend the Building Code. Mr. Roy disagreed. Board chairman Sutton stated he saw no need for this Board to take any action on this issue at this time. Building Review Board July 27, 1995 Page 3 Board member Cotterman said he had an adequate answer to question #3 and wanted this matter to be dropped. Dennis Cortese/HVAC Relief Attorney John Duvall explained the procedure for this matter. Felix Lee addressed the documents presented to the Board regarding the violations by Mr. Cortese. Based on the memo from Mr. Gebo, Felix indicated the following violations: o) willful and deliberate disregard of the building code or another code adopted by the city related to a specific construction project under the responsibility of the license holder.... o) failure to obtain any required permit for the work performed.... o) commitment of any act of negligence, incompetence or misconduct in the performance of the contractor's specific trade which results in posing a substantial threat to public health and safety... Mr. Lee said based on the memo by Mike Gebo the hood installation was in violation of regulations and constituted some hazard. Mike Gebo, Supervisor Inspection Services, said this issue was brought to his attention by the owner of the restaurant. The owner told Mike he was concerned about an inspection done by a private inspection service because there was some electrical shorting in the hood system. Mike said he met with Mr. Varro, owner of Peking Cafe, and determined it was prudent to make a site inspection. Mike stated he did an inspection on the roof of the cafe. He found the (hood/duct)chase had been altered, including obvious alterations to the hood system. He also found there was not a proper roof curb and water was leaking into the hood system. He noted there were some open electrical connections and the exhaust fan on the altered chase was not attached. Gebo said Mr. Varro was very concerned about the installation of the hood system and was not using the system at that time. Gebo indicated Mr. Varro had just purchased the cafe 11 month prior and it was Mr. Varro's understanding that the contractor, HVAC Relief, and the previous owner had gotten permits for all the work. Gebo said he than contacted the Health Department and got the documentation that indicated HVAC Relief did the work. Building Review Board July 27, 1995 Page 4 Mr. Cortese addressed Mr. Gebo and asked was specific complaints he received about Mr. Cortese. Mr. Cortese then said there was a resemblance of three complaints in three years, but that those complaints had nothing to do with not getting a permit or poor quality work. Mike responded by saying he did not have documentation on the other three cases, this was the only case in question at this time. Board member Brown asked Mr. Cortese if he did the work at the Peking Cafe. Mr. Cortese said he did part of it. Mr. Cotterman asked Mr. Gebo if there was any work done on this building before the current owner. Mike said obviously there was work done, he did not know when the work was done. Mr. Cotterman said the current owner must have then inherited what was there when he purchased the cafe. Mike Sutton asked Mr. Gebo how he knew the chase was altered. Mike Gebo said it was very obvious. He said when the original hood chase was first installed it appeared to be completely sound, the altered chase is supported completely different. He said it was difficult to tell what was behind the chase. When he stood on the roof, one chase was completely correct, the altered chase appears to be altered into the attic space and is completely different as it penetrates into the roof. He said it looked like a make -shift tin box with no proper curb, and it was not sealed. Board member Meleski asked if the contractor felt he needed a permit to do the alterations. Gebo responded, saying he talked with Mr. Cortese and he mentioned he believed permits were obtained by the contractor. Mike said the permit the Building Department has on file was for a gas line to extend the gas line to the new cooking equipment to the new hood. Board member Cornell asked whose responsibility it was to pull the permit. Mike Gebo said generally the primary contractor pulls the permit, but the permit issued on this address was to a subcontractor, -Ladd Plumbing and Heating for the installation of a gas line. For the remodel project, there was no primary contractor, it was all done by subcontrators. Building Review Board July 27, 1995 Page 5 Board member Cotterman said there are three violations in this case, one for not getting a permit, the other two appear to be much more serious. Board member Meleski asked Mike Gebo if he would make Mr. Cortese open the roof for an inspection. Mike Gebo said no, he would make him open the chase from the outside. Gebo added, he has not done that because there is no permit on this project. Mr. Cortese said he was asked to finish a job for a contractor and for an owner. Mr. Cortese said the asked by the then owner of the business Twin Dragon, to finish a remodel job. Mr. Cortese told the owner needed a permit to cover all the work. Mr. Cortese said he told the owner, who was acting as the general contractor, to go to the Building Department with Mr. Cortese's wife to get a permit. The owner didn't speak English very well nor did he know the Fort Collins area. Mr. Cortese said he, himself, went to Larimer County Health Department for approval. Mr. Cortese thought the owner paid for a full permit. Mr. Cortese stated he thought it was all approved and he was ready to finish the job. Mr. Cortese said the exhaust fan was fastened on the roof. He said he asked for a waiver from the Health Department for the swamp cooler and tempered make-up. He said a waiver was also granted for a grease trap. Mr. Cortese said the Building Department made all the inspections, electrical, plumbing, hood and Health Department. Mr. Cortese said there were some legal battles between the previous owner and the new owner. He said there was three calls to the police because the new owner's equipment was sabotaged. He said the exhaust fan was ripped off the roof, green slim was poured down the duct, the make-up fan was taken off the roof, and a dead pigeon was thrown into the fan wheel. Cortese stated the new owner told him, the owner wanted a legal way out of this deal, and Mr. Cortese thinks the way the owner was getting out was by "hanging" Mr. Cortese for things Cortese didn't do. Mr. Cortese said everything he did was proper. Mr. Cortese said he had 32'/z years experience, and all the jobs he gets is by referral, as he has never been listed in the phone book. Mr. Cortese said he uses used equipment, that he doesn't do jobs for "John Getty", but for the "Mickey Mouse clubs". Board member Meleski asked Mr. Cortese if the roof was leaking before he did his work. Mr. Cortese said the equipment was already there, and the police reports verify the exhaust fan was ripped off. Building Review Board July 27, 1995 Page 6 Board chairman Sutton asked Mr. Cortese to tell them what work he did on this job. Mr. Cortese said he installed a customer -purchased used hood and attached it to the duct and then did the air balancing and set up and hooked up a small walk-in refrigerator. Board member Sutton asked if Mr. Cortese called for inspections. Mr. Cortese said the Building Department did inspections. Board member Brown asked if there was a final HVAC inspection. Mr. Cortese said that there had been. He added he did not make sure the owner did everything, he was just a subcontractor. Board member Cotterman said it appears as a licensed contractor, Mr. Cortese needed to make sure everything was in order. Mr. Cortese said when the Health Department did their inspection, they didn't inspect the entire duct system to make sure it was all okay. Board member Meleski asked if Mr. Cortese made an agreement with the owner to get the permit. Mr. Cortese said the owner got the permit and Cortese was the HVAC subcontractor. Board member Brown asked when Mr. Cortese gets permits, does he personally go to the Building Department. Mr. Cortese said either he or his wife or one of his employees does. Mr. Cortese told the Board he did work on Home Town Pizza having notified the owner and the owner had to get a permit. Felix Lee asked Mr. Cortese if he had a copy of the permit and if he was aware the permit was only for a gas line. Mr. Cortese said he was confused because one inspector signed off on electrical, plumbing and HVAC. Mr. Cortese said he was not responsible for the other trades. Felix Lee asked who obtained the permit for the exhaust hood. Mr. Cortese said HVAC Relief did. Mr. Lee said there is no permit for an exhaust hood. C, J C� Building Review Board July 27, 1995 Page 7 Felix Lee asked Mr. Cortese if he saw the permit for the exhaust hood. Mr. Cortese said he did. Felix Lee said the Building Department had no record of such a permit. Mr. Cortese said the inspections were checked off on the inspection card on the job site. Felix Lee asked if Mr. Cortese knew an that an owner could not get a mechanical permit. Mr. Cortese said he thought the owner went down to get the permit as the owner. Board member Meleski asked Mr. Cortese who took out the permit. Mike Gebo said it appeared Clarence Ladd took out the permit for a gas line only. Felix Lee said every subcontractor has to obtain a permit for the work within their responsibility on a job site if there is no general contractor. Board member Cotterman said it appeared Mr. Cortese assumed one permit must have covered all the sub -trades. Mr. Cotterman asked Mr. Cortese asked if the design of the hood was his own design. Mr. Cortese said no, the duct work was already there, Cortese said he just put it on the drawing he submitted to the Health Department. Mr. Cortese said he thought everything done right. Mr. Cortese told the Board the restaurant owner voluntarily closed because the owner needed a legal "out" to close. Mr. Cortese said he did work for the previous restaurant owner and the present owner. Board chairman Sutton stated to Mr. Cortese that he knew the owner could not be the contractor, and then asked if the responsibility goes back to Cortese to get the permit. Mr. Cortese said he has 11 licenses and he would not take legal issue. He said many times the owner will take out the permit on small jobs. Mr. Cortese said it appeared to him there was a general and HVAC would not need to get a permit, just be listed on the permit. Board chairman Sutton asked why Mr. Cortese would think there was a general when he wasn't dealing with a general on the job. Building Review Board July 27, 1995 Page 8 Mr. Cortese said he told the owner, the owner would have to get a permit. He did not assume there was a general contractor and in the past the owner has gotten a permit. Mr. Cotterman asked Mr. Cortese if the restaurant is presently open for business. Mr. Cortese said no, the owner wanted to close for legal purposes. Mr. Gebo explained the procedure to obtain a permit and added if Sharon Getz, (the City plans examiner for commercial projects), saw these plans she would not accept them because there was too much information lacking on the plans. Mike Gebo said the Health Department submits letters to the Building Department about alterations in a particular restaurant. Board member Cotterman asked if Sharon Getz requires mechanical engineer drawings. Mike Gebo said no. He added the Building Department would have required more drawings to verify that the mechanical contractor could obtain a permit. Board member Cotterman asked if anyone in the Building Department could check these drawings to determine if it was adequate for the hood work. Mike Gebo said he was qualified. Gebo said the repair that needed to be done now was to verify the fire -rating on the altered chase and that the chase continues up through the roof deck into an approved water tight curb. He added the curb needs to be ventilated; electric work in the attic space needs to be corrected; patching of the rubber membrane through the roof system used to be done, electric work to inter -connect the makeup air and the exhaust hoods; the swamp cooler needs to be relocated; and final inspection performed by the Building Department and the Health Department. Board member Cornell wanted to know if an owner could take out as permit fora job like this. Mike Gebo said no. Felix Lee summarized by saying the issues were clouded regarding the signatures on the permit card, and who knew what kind of permit was issued but it was important that a permit was obtained for gas piping only and that any other type of permit for a hood was not obtained. Building Review Board July 27, 1995 Page 9 Lee said it was the responsibility of the mechanical contractor to ensure there is a permit for the work being done. It is also the burden of the contractor to know an owner is not empowered to obtain a permit for specific trade work. Mr. Cortese summarized by saying the Health Department is very thorough with their inspections. He said the Health Department signed off on this job. Mr. Cortese said he was the one who told the owner to get the permit. Mr. Cortese said everything was fine until the owner decided his lease payments were too much and closed down. Board discussion Board member Cotterman said there was no way this restaurant could open until major things are done to bring everything to code. Board chairman Sutton said it appears the owner does not want to open again. Board member Cotterman said there was not enough information to make a good judgement. Board chairman Sutton said this Board had some confusing information. He said with the information the Board had received, he felt it was difficult to support Mr. Cortese's responsibility for "shoddy" work. Mike Sutton said the biggest problem was that no permit was obtained for this job. He said he would not be inclined for revoking the license for HVAC Relief, but maybe probation. Board member Brown concurred with Mr. Sutton. He added there was too many extenuating circumstances but said as a speciality contractor Mr. Cortese had the responsibility to get the permit. Board member Meleski agreed with item #6 and said he did not find Mr. Cortese's act willful deliberate and said it all goes back to item #6, not getting a permit. Board member Cornell agreed no permit was obtained, but inspections were made. He suggested the City look at their procedures and look at why inspections were done on the gas line permit. Board member Cotterman said he had a problem with a legitimate contractor in this city not being listed in the city phone book. He added he would like to see the City do more research/information and look at penalties and charges at a different meeting. Building Review Board July 27,1995 Page 10 Board chairman Sutton agreed with Board member Cotterman. He added with a lack of proof and a statement from Mr. Cortese that he did not do the work on the chase, curb and exhaust, that the burden of proof has not been satisfied. He said he would like to take some kind of action at this meeting. Board member Cornell said if there were any prior violations of Mr. Cortese they would be a part of the record so he assumed this was his first violation. Board member Brown said he didn't have enough information. He said doing work without a permit is serious and Mr. Cortese should not do any work in the City without a permit. Board chairman Sutton said suspension with abeyance was in line. Board member Cotterman said he felt a penalty was in order. He said he thinks there is more to this than this Board knows about. He believed Mr. Cortese had disregarded the code and committed negligence; and that probation was not enough. Board member Meleski said he was in favor of a letter of reprimand, nothing more. Board chairman Sutton said burden of proof was an issue, and no proof had been established that Mr. Cortese did the work. Board member Meleski moved to reprimand Mr. Cortese for his inaction in making certain a building permit secured for the he performed on this project and that this letter go into his file. There was no second, the motion died. Attorney Duvall advised the Board they needed to first made a determination and a finding if there had been a violation, then decide what kind of penalty to impose. Finding of Fact Board member Brown moved that item #1, as contained in the Ciyt's violation notice, has not been proved that it occurred. Board member Meleski seconded the motion. Ayes: Meleski, Brown, Sutton, Cornell. Nays: Cotterman. The motion passed. Board member Cornell moved to find Mr. Cortese guilty of #6, not getting a building permit. Board member Meleski seconded the motion. Ayes: Meleski, Brown, Sutton, Cornell, Cotterman. The motion passed. 11 Building Review Board July 27,1995 Page 11 Board member Brown moved it was not proved that Mr. Cortese committed any act of negligence, incompetence or misconduct. Board member Meleski seconded the motion. Ayes: Meleski, Brown, Sutton, Cornell. Nays: Cotterman. The motion passed. Board member Meleski moved that a letter of reprimand be put in Mr. Cortese's file indicating that Mr. Cortese failed to obtain a permit. This letter should be kept in his file so that any future failures to require permits occur, it can be taken under consideration by the Board at that time. Board member Cornell seconded the motion. Discussion: Board member Brown asked if any failure to get a permit came up, would his license then be revoked? City attorney Duvall said a letter of reprimand itself is a penalty, and it could be put in the letter that in the advent of any future violations then this reprimand could be considered in determining what the penalty will be. Roll call: Yeas: Meleski, Cornell. Nays: Brown, Sutton, Cotterman. The motion failed. Board member Brown moved to suspend Mr. Cortese's's license and hold the suspension in abeyance for one year with a stipulation that any work done without a permit, the license be revoked immediately. It was amended to read, "revoke the license and hold the revocation in abeyance for one year". Board member Meleski seconded the motion. Yeas: Brown, Sutton, Cornell, Cotterman. Nays: Meleski. The motion passed. Air Quality Advisory Board Eric Levine of the AQAB and Brian Woodruff of the Natural Resources department, appeared before the Board and reviewed the background of the committee and their recommendations. He asked for the Board for comments. 0 Building Review Board July 27, 1995 Page 12 The AQAB's recommendation was that Fort Collins adopt radon testing prior to purchasing any new home. Board member Meleski asked if this would be an ordinance that would be an amendment to the Uniform Building Code. Lee responded that the information he had indicated it would not require a change to the Uniform Building Code, and added the Board didn't have to come to consensus at this meeting. Board chairman Sutton said there were many issues to consider, some being: accurate testing, testing before closing on real estate transactions, questions that the three day test doesn't mean much, the County now requires it, and the building community would probably accept the test as part of the inspection process. Brian Woodruff said this information will go to City Council for adoption in early fall. Board chairman Sutton asked that the Building Department staff keep the BRB up to date with information so the Board could be involved in further discussion. Contractor License Information Felix presented the updated draft with the suggested changes BRB made. He told the Board he had sent the draft to the original advisory board for comments. Next month - election of officers. The meeting was finally adjourned! Mike Sutton, Chairman Felix Lee�'judd g Dept. Director