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HomeMy WebLinkAboutBuilding Review Board - Minutes - 04/25/2002• roved by the Board at the May 30, 2002 Meeting COLLINS BUILDING REVIEW BOARD Regular Meeting — April 25, 2002 1:00 .m. Laison:;2giaison:unat Staff Liaison: Felix Lee (221-6760) n: Chhone: 484-0117(W), 207-0505(H) A regular meeting of the Building Review Board was held on Thursday April 25, 2002, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins, Colorado. BOARDMEMBERS PRESENT: Charles Fielder Bradley Massey John McCoy Jim Packard Cameron Ryland BOARDMEMBERS ABSENT: • Allan Hauck Gene Little STAFF MEMBERS PRESENT: Felix Lee, Director of Building & Zoning Delynn Coldiron, Contractor Licensing Administrator Stacie Soriano, Staff Support to the Board AGENDA: 1. ROLLCALL The meeting was called to order by Chairperson Fielder, and roll call was taken. 2. APPROVAL OF MINUTES Boardmember McCoy made a motion to approve the minutes from the March 27, 2002, meeting. Boardmember Fielder seconded the motion. The motion passed. Vote: Yeas: McCoy, Fielder, Massey, and Ryland. • Nays: None. a BRB 04/25/02 Page 2 3. Contractor Appeal - F.L. Whitcomb, d/b/a Towne and Country Construction, License #D-181, Appeal #8-02 Due to the Appellant's absence, the Board decided to table the appeal until the end of the meeting. 4. Contractor Hearing - William Kennedy, d/b/a Basements and Beyond, License #D2-44, Appeal #9-02 Fielder explained the procedures for contractor hearings. Lee provided an introduction to the hearing. Lee stated the case was based on an alleged violation occurring at 1202 Forrestal Drive. Lee noted the Respondent appeared before the Board approximately one year ago requesting a Class D license (strictly limited to basement remodels and finish work). Boardmembers found that Appellant Kennedy had the experience for Class D license: Lee stated the Appellant has completed three jobs in Fort Collins (letters of completion have been obtained), and the project in question at 1202 Forrestal Drive. Lee stated a stop work order was issued on April 5, 2002. Building inspectors found that work had continued at 1202 Forrestal Drive, and another stop work order was issued on April 8, 2002. A summons was issued to Respondent Kennedy. A building permit was obtained April 9, 2002, and investigation fees were imposed. William Kennedy, owner of Basements and Beyond, addressed the Board. Kennedy stated he tries to abide by the codes. Kennedy stated the issues of the hearing were (1) the job at 1202 Forrestal Drive was started prior to permit issuance and (2) ignoring a stop work order. Kennedy noted that on April 1, 2002, he made application for a building permit, which was issued on the morning of April 9, 2002. Kennedy told the Board he did not intend to start the project without a building permit. Kennedy apologized for starting the project early, and assured the Board that it would not happen again. Kennedy noted he had a couple of carpenters who had not worked through the winter, and the carpenters were eager to begin work. Kennedy stated he was not aware that Fort Collins was strict about starting work without having a building permit. Kennedy has completed approximately 450 basement finishes along the Front Range. Kennedy said in most jurisdictions, as long as a building permit had been applied for, starting a project would be allowed. Kennedy stated that many building departments have a separate review process for simple construction projects (such as basement finishes) because plan review is minimal, and the permit is issued immediately. Kennedy gave an explanation of the chain of events that led up to receiving the stop work orders. On the Friday morning when the inspector issued a stop work order, the carpenters and plumber were on the job site. The carpenters and plumber were told they would have to leave the job site until Kennedy called them to return to work after the building permit had been issued. Kennedy met with the HVAC contractor before the inspector issued the first stop work order. The HVAC contractor informed Kennedy that he would not be able to begin work until Wednesday. The HVAC contractor was not informed about the issuance of the stop work order. The HVAC contractor had an opening in his schedule and sent workers to the job site to begin work on Monday. At this time, a second stop work order was issued. Kennedy stated he did not intentionally disregard the first stop work order, and requested that the Board not suspend his license. • r BRB 04/25/02 Page 3 • Lee stated that as of today, Mr. Kennedy's license was under suspension until otherwise decided by the Board. Lee stated the alleged violations committed were: (1) knowing and 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 certificate or license holder (2) failure to comply with any provision of the code related to a specific construction project under the responsibility of the certificate or license holder (3) failure to comply with any lawful order of the building official and (4) failure to obtain any required permit for the work performed. Lee asked Kennedy if he recalled receiving a congratulatory letter explaining the license and permit requirements when his license was issued. Kennedy stated he could not remember. Lee asked Kennedy if the first stop work order was posted and removed from the job site. Kennedy replied that the stop work order was never posted on the job site, and that the inspector handed the stop work order to him. Massey asked Kennedy what work had been done prior to permit issuance. Kennedy replied that lumber had been moved into the house, carpenters were snapping lines, and the plumber was looking over what needed to be done. Massey questioned Kennedy regarding his business practices. Lee made his closing statements. Lee stated whether or not the mechanical contractor was contacted, a violation had occurred. Lee asked Kennedy if he had any other violations in other jurisdictions. Kennedy stated he did not. Lee noted the stop work order should have been posted • on the job site. Fielder directed the Board to make a finding of fact. Massey stated he felt the Respondent committed the following: (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 (3) Failure to comply with any lawful order of the Building Official and (6) Failure to obtain any required permit for the work performed or to be performed. Massey noted the permit had been applied for and he would take that act into consideration. Massey felt the responsibility of notifying subcontractors was the general contractor's. McCoy asked Massey regarding number (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. Massey stated he did not feel that the Respondent deliberately disregarded the building code. The Board discussed number 3. McCoy felt the Respondent was caught in unfortunate circumstances, and number 3 was not committed. Massey made a motion for finding of fact that Mr. Kennedy with Basements and Beyond committed the following three violations: 2, 3, and 6. Fielder seconded the motion. The motion passed with Packard abstaining. Vote: Yeas: Fielder, Massey, and Ryland. • Nays: McCoy BRB 04/25/02 Page 4 Fielder stated the Board needed to consider that this was Mr. Kennedy's first violation and in the past the Board has put a letter of reprimand in the contractor's file. Massey agreed with Fielder regarding placing a letter of reprimand in Mr. Kennedy's contractor file. Massey made a motion based on the finding of fact. Massey noted Mr. Kennedy had no other violations that a letter of reprimand be placed in Mr. Kennedy's permanent contractor file with no suspension. McCoy seconded the motion. The motion passed with -Packard abstaining. Vote: Yeas: McCoy, Fielder, Massey, and Ryland. Nays: None. 5. Contractor Hearing - John Oblender, d/b/a Apex Construction, License #D-404, Case #10-02 Lee provided an introduction to the appeal. Lee stated the violation occurred at 3512 Limestone Court (the Respondent's personal residence). Lee noted the Respondent was issued a stop work order on March 11, 2002, for work being done without a permit. A building permit was obtained three days later, and investigation fees were imposed. Lee told the Board the Respondent's license was suspended as of today. The violations included: (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 certificate holder or license holder (2) 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 and (3) failure to obtain the required permit for the work performed. Lee provided some background information regarding Oblender. Oblender received a stop work order on July 25, 2000, for 2719 Blackstone Court, and a warning letter was placed in his contractor file. Another stop work order was issued approximately one year later at 708 Remington Street for performing work without obtaining a building permit. John Oblender addressed the Board. Oblender explained the first stop work order he received for 2719 Blackstone Court. Oblender noted he proceeded with excavation and foundation work due to the fact that there was no required inspection from the City until the framing inspection. Oblender explained the violation for 708 Remington Street. Oblender was hired to perform cosmetic work for the property. Oblender had to put eaves on the house at 708 Remington Street, and found it necessary to cut into the roof. A City inspector drove by and informed Oblender he needed a building permit to perform structural roof alterations. Oblender noted a building permit was obtained for 708 Remington Street. The building permit for 3512 Limestone Drive was applied for as a homeowner permit. Oblender noted he applied for the permit on January 23, 2002, and the permit was not issued unit March 14, 2002. Oblender explained the difficulty in obtaining the building permit. The plans analyst was waiting for a letter from Sheer Engineering, and would not release the permit until he received the letter. Oblender decided since the letter was the only thing holding the permit from being released, he could begin work. Lee asked Oblender if he signed a homeowner affidavit. Oblender stated yes. There was a discussion held regarding the hold on the building permit application. Lee asked Respondent • • BRB 04/25/02 Page 5 • Oblender when he began work on his home prior to obtaining the building permit. Oblender was unsure, but stated approximately two weeks prior to obtaining the building permit. Lee asked for further clarification on the stop work order issued for 708 Remington Street. Oblender stated the majority of the work performed at 708 Remington Street was replacing rotted fascia board and siding. Oblender stated the homeowner wanted to put eaves on the property, so water would not ruin the walls. Oblender said the placement of the eaves required him to cut back the roof sheathing approximately two -feet to cut tails for the eaves. Lee asked Oblender if he took the City of Fort Collins licensing exam. Oblender stated he did not because he was previously licensed in Denver, and has a degree in construction management. Lee asked Oblender if he remembered receiving a congratulatory letter when his license was issued in September of 1999. Oblender did not remember receiving the letter. Oblender and Lee made their closing statements. Massey asked staff if there was a differentiation between applying for a permit as a homeowner versus a contractor. Lee referred to the ordinance and decided to seek legal advice from the City Attorney's office. Carrie Daggett, Assistant City Attorney, joined the Board. There was a discussion held regarding whether or not the Board should go into executive session. Fielder made a motion that stated, "under sections 2-712B and 2-31A of the City Code that the Building Review Board go into executive session to meet with the City Attorney regarding potential litigation. As well as manner in which particular policies, practices, or regulations of the City may be effected by the • existing or proposed provisions of federal, state, or local law." Massey seconded the motion. The motion passed. Vote: Yeas: McCoy, Fielder, Massey, Ryland, and Packard. Nays: None. The Board excused themselves to the Council Office. Fielder made a motion that the Board return from executive session. Massey seconded the motion. The motion passed. Vote: Yeas: McCoy, Fielder, Massey, Ryland, and Packard. Nays: None. Fielder made a motion that based on the three stop work orders the Appellant is found guilty of the following: (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 (6) Failure to obtain any required permit for the work performed or to be performed. McCoy seconded the motion. The motion passed. 0 Vote: BRB 04/25/02 Page 6 Yeas: McCoy, Fielder, Massey, Ryland, and Packard. Nays: None. McCoy asked staff how the letters from October 2000 and August 2001 should be considered. Lee stated the letters would be considered a warning violation notice. McCoy asked staff the difference between a warning letter and a letter of reprimand. Lee remarked a letter of reprimand, in the past, is a letter from the Board acknowledging that violations were committed. Fielder noted the letter of reprimand is a red flag that states suspension is imminent the next time a violation occurs. Packard asked if the suspension was defined. Fielder stated suspension limits were not defined because each case has to be approached independently on its own merits. McCoy made a motion that a letter of reprimand be placed in Mr. Oblender's contractor file. McCoy wanted the letter of reprimand to include the possible consequences to Mr. Oblender's license if a violation occurred again. Ryland seconded the motion. Packard asked if a suspension could be tied to the motion if a violation were to occur again. Fielder stated a predetermined suspension would not be appropriate for the Board to include in the motion due to each case having to be heard independently. McCoy remarked it was not his intention to dictate a sentence if Mr. Oblender appeared before the Board again. The motion passed. Vote: Yeas: McCoy, Fielder, Massey, Ryland, and Packard. Nays: None. 6. Contractor Hearing - F.L. Whitcomb, d/b/a Towne & Country Construction, License #D-181, Case #8-02 There was a discussion held regarding whether or not the Board should hear Mr. Whitcomb's case. Mr. Whitcomb was not present. Lee provided an introduction to the appeal. Lee stated Appellant Whitcomb was requesting an exam waiver and a waiver for the experience verification requirements. Lee told the Board the Appellant moved out of the state in 1999 and the Appellant's license expired. Since 1999 Appellant Whitcomb as been working in Loveland and the Larimer County area. Lee stated the City's records indicate that the Appellant took an exam in 1988 and failed, although at some point a license was issued. Appellant Whitcomb has not submitted any project verification forms. Lee commented that the Appellant's records were purged, and there appears to be a break in his license activity from 1993to 1998. Lee noted the Appellant's license was reinstated in 1993. Lee stated Appellant Whitcomb has not submitted an application, project verification forms, fees or insurance to the Building Department. McCoy made a motion to deny the waiver for an exam and project verification form requirements. Ryland seconded the motion. The motion passed. r • • BRB 04/25/02 Page 7 • Vote: Yeas: McCoy, Fielder, Massey, Ryland, and Packard. Nays: None. 7. Other Business Lee told the Board that the International Residential Code Committee should be meeting within the next month or so. Lee asked Massey and Ryland if they were still interested in serving on the committee. Massey and Ryland stated that they were still interested. Meeting adjourned at 3:01 p.m. EE�-� & kle-& AL. CZ �- Felix Lee, Bu' ing & Zoning Director Charles Fielder, Cha' erson • •