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HomeMy WebLinkAboutBuilding Review Board - Minutes - 11/29/2001• Minutes to be approved by the Board at the January 31, 2001 Meeting FORT COLLINS BUILDING REVIEW BOARD Regular Meeting — November 29, 2001 1:00 P.M. ouncil Liaison: Kurt Kastein IlStaff Liaison: Felix Lee (221-6760) ha' rson: Charles Fielder hone: 484-0117(W). 207-0505(H) A regular meeting of the Building Review Board was held on Thursday November 29, 2001, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins. BOARDMEMBERS PRESENT: Charles Fielder Thomas Hartmann Allan Hauck Gene Little Bradley Massey • BOARDMEMBERS ABSENT: John McCoy Cameron Ryland STAFF MEMBERS PRESENT: Felix Lee, Director of Building & Zoning Delynn Coldiron, Contractor Licensing Administrator Stacie Soriano, Staff Support to the Board AGENDA: ROLLCALL The meeting was called to order by Chairperson Fielder, and roll call was taken. 2. APPROVAL OF MINUTES Boardmember Massey made a motion to approve the minutes from the November 29, 2001, meeting. Boardmember Hauck seconded the motion. The motion passed unanimously. Vote: • Yeas: Hartmann, Little, Fielder, Massey and Hauck. Nays: None. BRB 11/29/01 Page 2 CONTRACTOR APPEAL -- BUZZ BUCKLES, d/b/a KB HOME OF COLORADO, INC.(#31-01) Fielder explained the Board's procedure for the contractor appeal. Lee provided an introduction to the hearing. Lee stated Appellant Buckles was requesting to expand the scope of KB Home's current DI license to allow the construction of multi -family buildings up to an eight-plex. Otherwise the Appellant was seeking a waiver to the experience qualifications (specifically the experience qualification requiring at least one of the projects submitted be at least three stories or sixteen or more units) for a C2 license. Lee noted that KB Home will be constructing several three to eight unit buildings for Provincetown and Appellant Buckles will be supervising the project. Lee mentioned that KB Homes currently has a D1 license, which limits the company to construction of single family homes and duplexes. Appellant Buckles addressed the Board. Buckles noted KB Home's intention to build a number of three to eight unit buildings in the Provincetown project. Appellant Buckles confirmed that he will be supervising the construction of these units. He stated that he does not have the experience required for one of the criteria of the C2 license (a project at least three stories or sixteen or more units). Buckles requested an expansion of KB Home's current license allowing construction of multi -family buildings up to an eight-plex, or a waiver of the criteria for the C2 license of a project over three stories or more than sixteen units. Steve Klausing, Director of Government Affairs for KB Home, addressed staff to ask if Arlan Bartling was the second appeal. Klausing stated he filed an appeal for Mr. Buckles and Mr. Bartling. Delynn Coldiron responded that she spoke with Mr. Bartling regarding the appeal, and it was decided the appeal would be for Mr. Buckles because Mr. Buckles has taken the C2 exam and passed. Coldiron explained that the ordinance requires one supervisor under each license as long as that person is giving adequate supervision over all the projects being done. Coldiron stated this was the reason Mr. Buckles was chosen as well. Klausing addressed the Board. Klausing explained that Mr. Bartling is KB Home's regional supervisor for projects occurring in Northern Colorado and that Mr. Buckles is the construction superintendent for the Provincetown development. Klausing noted that Mr. Buckles has had five years experience in commercial building and has taken the C2 exam and passed. Klausing felt an exception was warranted because the Provincetown project is townhomes that will range in configurations of three units to six units. Klausing stated that none of the town homes will be over two stories. Klausing felt that applicant had sufficient experience applicable to the type of project being built at Provincetown. Klausing stated that both Mr. Bartling and Mr. Buckles have built the same type of projects as Provincetown throughout the Front Range and that currently KB Home has three communities building the exact same units. KB Home has looked within the company to find an employee meeting the credentials for a C2 license, but to no avail. Klausing stated that KB Home would also like to request an expansion of Mr. Bartling's license, so Mr. Bartling would be able to supervise projects as the regional superintendent. Klausing noted that Mr. Battling plans on taking the C2 license exam. Mr. Bartling also does not have the BRB 11/29/01 Page 3 • required experience for a C2 license. KB Home is requesting an expansion of both Mr. Buckles' and Mr. Bartling's licenses to avoid having to come back to the Board for another exemption. Fielder asked Klausing whether it was KB Home's intention for Mr. Battling and Mr. Buckles to supervise projects of a six-plex nature, and whether the request was for a one-time exemption. Klausing stated that they were seeking an ongoing exemption. He noted that currently KB Home only has one project in Fort Collins, Provincetown, but anticipate more projects in the fixture. Klausing stated that Mr. Buckles is assigned specifically to Provincetown, and Mr. Bartling is the regional construction superintendent for all of Fort Collins. KB Home does not want a situation in which if Mr. Buckles were absent, the company would have no one who is licensed to supervise. KB Home would like to expand Mr. Bartling's current D license to be able to supervise the project. Klausing noted that Provincetown is the largest community that KB Home has built in Colorado so Mr. Buckles would need to be approved for Provincetown. KB Homes would like Mr. Buckles to be able to do other projects of a similar nature. Klausing stated that both Mr. Battling and Mr. Buckles are not strangers to Fort Collins or the City of Fort Collins Building Department. Both gentlemen have been supervisors with previous employers. Lee responded that any employee is able to work with the project supervisor regardless of license status. Lee stated that Mr. Bartling does have a Dl supervisor's certificate, so he does have some • qualifications. Lee appreciated the clarification regarding KB Home seeking a permanent resolution in terms of the type of credentials that KB Home is seeking. Klausing stated the resolution would be for Mr. Bartling and Mr. Buckles as long as they were employees of KB Home. Lee stated that the Provincetown project was considered a condominium project according to the Building Code, and property lines were not involved. Klausing noted that the only reason Provincetown was done as a condominium project was due to other considerations, not the actual buildings. He added that the buildings for all intents and purposes are designed and built like townhomes. Boardmember Massey stated that the site plan in boardmember packets implied property lines. Klausing stated that the project in the packet was a sample. The sample is the Greenbriar project in Loveland. Massey asked if the property lines made a difference in how the project was classified. Lee responded that in either type of construction, whether they are considered Rl or R3, if the buildings are attached, (in terms of the licensing requirement) there is no distinction. Massey clarified that according to Code, a six-plex is six individual lots with six individual attached buildings, but under the licensing ordinance it is one building with six units. Lee stated that was correct. Klausing stated he was told that if KB Home built anything over two units, a C2 license was needed. Lee stated that was correct. • Arlan Bartling, Regional Construction Manager for KB Home, addressed the Board. Bartling stated that he has been with KB Home since May of 2001. Bartling added that he and Mr. BRB 11/29/01 Page 4 Buckles started at KB Home consecutively. Bartling put Mr. Buckles in charge of the Greenbriar project in Loveland. Bartling gave a summary of the type of work done at Greenbriar. KB Home, according to Bartling, has done up to a seven-plex at the Greenbriar project and the Greenbriar project consisted of a total of one hundred units (approximately twenty buildings). Bartling stated that Mr. Buckles has been in charge of approximately seventy percent of those units in various stages. Bartling reiterated his employment duties with KB Home. Bartling wanted the Board to be aware that he supervises all of KB Home's projects along the Front Range. Bartling will be taking the C2 exam after the first of the year. Massey asked Bartling if the Building Department had his project verification forms. Coldiron stated she had the forms for the D1 certificate (one for a duplex and two for townhomes). Bartling replied that he gave the Building Department project verification forms for Greenbriar and a Loveland building official filled out the forms for him. Massey wanted clarification on Mr. Buckles' project verification forms. Massey asked Buckles if he had any other education or experience he wanted the Board to consider. Buckles stated he was currently taking the Code Companion through ICBO. Buckles is currently half way through the program, and when the program is completed he will receive a certificate of completion. Buckles noted that he does not have a college degree, although he has taken some classes at junior colleges. Massey questioned Buckles regarding his commercial experience. Buckles stated that he built a golf course clubhouse (12,000 square feet) in Castlerock that included a golf shop, restaurant, bar, storage and a basement. Buckles was the superintendent of the Castlerock project. Massey asked Buckles what other types of licenses he has carried in the past. Buckles answered that he formerly had a B license in Cheyenne, Wyoming for three years and has had his City of Fort Collins for approximately two years. Buckles stated he did not have a license for the Castlerock project because it was in the county, and a license was not required. Boardmember Hauck asked staff if any of the commercial projects would qualify for the C2 license. Lee responded that the licensing ordinance specifically requires that at least one project be three stories or sixteen or more units, so Appellant Buckles would need to demonstrate these requirements in a residential format. Boardmember Hauck asked staff if KB Home's license was considered a company license or two separate individual licenses. Klausing stated that applications were filed on an individual basis. Bartling clarified that the individuals working for KB Home are licensed, not the company. Lee stated this was correct. Lee noted that individuals hold the license and they represent a company such as KB Homes. Hauck asked staff whether under the old licensing regulations the appellants could build a six- plex that was no more than two stories. Lee stated that under the previous licensing regulations a Class DI contractor was authorized to construct or demolish structures classified as Group R3 or M occupancies as defined by code, meaning a D1 contractor could essentially build a whole block of attached row housing. BRB 11/29/01 Page 5 • Massey had concerns regarding the issue of individual property lines. Lee responded that if the Provincetown multi -family project was considered to be true townhomes, as defined by the building code, the units could be any number of attached side -by -side units with individual adjoining property lines. Hauck asked if Mr. Buckles' clubhouse project would allow Mr. Buckles to construct the Provincetown multi -family project. Lee stated that the clubhouse project would count as a C1 experience project, but that Mr. Buckles would need two additional C 1 projects to qualify for the C1 license. It was noted that Mr. Buckles' did not have three projects that would qualify for a Cl license. Lee made his closing statements. Lee suggested that for Mr. Buckles to be able to continue with the project, KB Home would need a C2 license or an expansion of Mr. Buckles' current license not to exceed eight units and two stories. Fielder felt more comfortable limiting the unit number to six or allowing for a one-time exemption for a C2 license. Massey was opposed to a blanket license approval. Fielder stated that he saw two differences: (1) Mr. Buckles has taken and passed the C2 license exam and (2) from what the appellant has stated, the project will consist of only a six-plex, two story. Fielder wondered where the appellant would get experience to upgrade his license. • Hauck mentioned that he wanted the Provincetown project to happen, although he was concerned with setting a precedent. Hauck wanted to know the rationale behind limiting the D1 license to two units. Lee stated the rationale. Lee stated an R3 is one and two dwelling units under the ordinance and was not intended to imply a multi -unit building. Lee noted under the ordinance that contractors building multi -family dwellings should have multi -family construction experience. Mr. Bartling stated that he would prefer the Board to waive the three-story, sixteen -unit requirement. Mr. Bartling has two employees whom he would like to work at Provincetown, but neither one of those employees has the experience for a C2 license. Mr. Bartling explained his intent to comply with the City's regulations. Bartling said any KB Home employee joining the Provincetown venture will be taking the C2 exam Fielder told the Board he was worried that the request was not a one-time exception, and wondered how the Board could grant approval without the required experience. Hauck responded that other contractors are probably in similar situations. Hauck felt by granting the appeal the Board would be creating a new license category. Hauck was not in favor of creating new license categories on a permanent basis, although he was in favor of making the Provincetown multi -family project happen. Fielder stated he was in favor of granting a C2 license with limitations and the other boardmembers agreed. Fielder asked staff if the Board has granted licenses with limitations in the past. Lee responded that the Board has approved licenses in the past with limitations, and it was possible for the Building Department to track on an • individual basis. Little stated that if the Building Department felt confident in their ability to monitor the conditions placed on the appeal he did not have a problem with approving KB BRB 11/29/01 Page 6 Home's request. Little stated if KB Home needed to construct a larger unit than their proposal, they would need to come before the Board again. Fielder thought it would be appropriate for the Board to make a finding of fact based on Mr. Buckles taking continuing education and/or some commercial experience. Fielder felt if the Board made a finding of fact, it would be harder to create a precedent. Hauck stated he did not think the Board needed to go through the formal step of finding of fact. Hauck made a motion to grant appellant Buckles a waiver for the C2 license experience qualification and limit the C2 license to multi -family buildings no greater than an eight-plex, not over two -stories based on the successful completion of the C2 licensing exam and recognition of previous similar experience. Hartmann seconded the motion. The motion passed unanimously. Vote: Yeas: Hartmann, Little, Fielder, Massey and Hauck. Nays: None. Mr. Bartling asked staff if the approval was only for Mr. Buckles. Lee stated that was correct. 4. CONTRACTOR APPEAL -- JIM BRIEN, d/b/a MULTIWORKS CARPENTRY (#32-01) Lee provided an introduction to the appeal. Lee stated Mr. Brien was requesting a D2 license limited to basement finish construction. Appellant Brien was able to obtain permits under his previous home improvement license. Brien would like to continue to be able to manage the entire basement finish process. Lee stated the appellant does not have adequate experience for constructing additions or garages that qualify for the D2 license. Under the new licensing ordinance, Mr. Brien has been issued a Miscellaneous and Minor Structures license (hereafter MM license). The MM license authorizes demolition, repair, construction of minor structures (gazebos, shelters, storage sheds, playhouses, and greenhouses) unenclosed carports, patio covers, and decks. The type of work under the MM license is limited to one-story and 200 square feet. A license holder of an MM license is not able to obtain permits or supervise the entire project. Lee stated the MM license is a form of a specialized trade license. Lee noted that if a specialty trade contractor is acting as a general contractor, the individual would be in violation of the ordinance. Lee stated that Appellant Brien has not taken the D2 license exam, although he plans to do so. Brien has also maintained a good track record with the Building Department. Jim Brien addressed the Board. Brien has lived in Fort Collins for twenty years and has held a City of Fort Collins license since 1993. Brien stated he has done various types of work including restaurant modification. Brien's company is a sole proprietorship, and he does not have any employees. Brien stated that basement finishes are a mainstay for his business, although he also does cabinets and tile floors. Brien said the supervision part of having a contractor's license seemed minimal. Brien told the Board that very little supervision occurs when dealing with plumbing and electrical subcontractors. Brien said under his current MM license he is unable to contact and locate the plumbing and electrical subcontractors. Brien felt that not being able to locate plumbing and electrical subcontractors was a disservice to his clients. BRB 11/29/01 Page 7 • Brien stated the problem with obtaining the D2 license was that he does not have the required work -related experience. Brien stated that if he passes the D2 licensing exam, he wanted to be able to obtain permits for basement finish jobs only. Brien handed out copies of references to the Board from previous basement finish clients. Fielder stated that he appreciated Appellant Brien's attitude and taking the time the address his concerns with the Board. Brien stated he wanted to be legitimate with his business practice. Brien told the Board he recently obtained an HVAC license to expand the scope of his basement finish projects. Massey asked Brien if he had a current license. Brien told the Board he had a home improvement license, but it was recently reclassified to a MM License. Lee clarified that the purpose of the new licensing ordinance was to make a distinction that a home improvement license was not intended to be a general contractor's license. Brien explained to the Board that an alternative was given to him by the Building Department: the homeowner obtains the building permit, and he could continue to operate as he has in the past with the exception of contacting and supervising subtrades. Brien felt the alternative option was unsatisfactory because it is a disservice to his clients. Brien gave an example of a current client who lives in St. Louis. • Fielder noted Appellant Brien's references contain a common thread throughout each recommendation was that Brien was highly recommended, and that words such as leadership and integrity were seen repeatedly. Lee made his closing statements. Lee mentioned to the Board that new MM license category was the home improvement license in the past. Lee noted that the issue has been problematic due to homeowners thinking they have hired a general contractor. Later the homeowners may make a complaint and there is no accountable party. This circumstance is an issue in terms of compliance and a growing concern among field staff and homeowners. Fielder asked staff if there were any records of complaints in Mr. Brien's file. Lee stated there were not any, and his previous statement was not directed toward Mr. Brien. Massey asked Appellant Brien if he had any other experience or education the Board should consider. Brien said he did not attend college, but has worked in the trades most of his life. Massey asked staff if structural modifications were allowed under the D2 license. Lee stated the D2 license does allow structural modifications. Massey asked Appellant Brien if part of his appeal was to include being allowed to do structural modifications. Fielder stated that if Brien needed to make structural modifications, he could come before the Board and ask for an exemption. Massey noted that was a possibility, and that Brien could then use the exemption for project verification. Brien stated the exemption solution was satisfactory. • Fielder made a motion to approve Appellant Brien's request based on experience and his previous licensing and grant Brien a D2 license limited to non-structural basement finish BRB 11/29/01 Page 8 construction. Little amended the motion to include Mr. Brien completing and passing the D2 license exam. Massey seconded the motion. The motion passed unanimously. Vote: Yeas: Hartmann, Little, Fielder, Massey and Hauck. Nays: None. 5. Energy Code Presentation: Behind the Drywall Doug Swartz with the City of Fort Collins Utility Department provided an Energy Code presentation concerning new home construction. As part of the revision of the Energy Code, staff committed to the following three items: (1) builder industry training, (2) creating of a Builder's Guide and (3) a new home study. The study focused on implementation of the energy code, compliance rates, energy savings, how new homes are being designed and constructed, and how the new homes were performing. From an implementation standpoint, Swartz noted that individuals who took advantage of the Builder's Guide and training found it to be useful, although it was pointed out that the City has not actively provided support for the Energy Code since 1997. Builders expressed their frustration regarding inconsistencies in documentation, interpretation, and enforcement of the code. The study found that compliance rates were variable. Most homes did have basement insulation, but no homes met the Uniform Mechanical Code's requirement for substantially airtight ductwork. Crawl spaces were being built as encouraged. The study measured savings and estimated costs. The savings were measured at 16% of total natural gas use, which is 175 therms per year. A slide was shown translating the energy use into dollars. A range was given due to the fact that the price of natural gas has been fluctuating over the years. There was no measurable difference in electricity use. The majority of new homes reviewed under the study had a comfort problem (i.e., cold basements, upper levels that were cold in the winter and too warm in the summer, and drafty fireplaces). The other main comfort complaint was dry indoor air during the winter months. When relative humidity was measured it was found to be below thirty percent (for half of the homes tested), which is considered to be the lower limit for comfort. Different aspects of home design were discussed. One item looked at was how homes interacted with the sun. The general observation was that the path of the sun played no role in the ways homes were sided, orientated, and how windows were placed. There was also no attention towards architectural shading. Swartz stated that an option for energy efficient windows would be low E high performance windows. Only two homes looked at in the study had low E high performance windows -the rest L J 11 Q E BRB 11/29/01 Page 9 were standard conventional double -glazing. It was also found that basement windows were generally low quality. The study found that items providing architectural interest (such as cantilevers, bump -outs, and complex ceiling lines) needed to be addressed more carefully during design and construction to increase performance quality. In terms of insulation, the materials required by code were there, although there were problems with insulation installation. Blower door samples found the average home, built after the code change, was below the passing rating of five. Code requires a blower door test of five to pass. Swartz noted a home sealed to five has many holes in it, and the impacts of the holes depend on where the holes are. The study found the average new home to have 24 heating and cooling registers maintained by one thermostat. Swartz stated a solution would be to multi -zone heating systems or design homes to behave like one zone. Ductwork was found not to be substantially airtight. Ductwork was found to be twenty times leakier than the national standard. The study found concern regarding combustion air safety in new home construction. Swartz also noted concern regarding indoor air quality. Swartz concluded his presentation stating that the above listed problems were predictable due to designers and builders using a checklist approach rather than a system performance approach Swartz mentioned that construction standards were variable, and a lot of problems could be caught by quality control. Swartz stated buyers were not interested in items "behind the drywall." Buyers believe that the City and builders are taking care of these items through code requirements. Swartz said the solutions are fairly easy and inexpensive. Swartz recommended builder awareness and noted the process would take time to evolve. 2002 Work Plan Approval Fielder made a motion to approve the 2002 work plan. Hartmann seconded the motion. The motion passed unanimously. Vote: Yeas: Hartmann, Little, Fielder, Massey and Hauck. Nays: None Meeting adjourned at 3:57 p.m. Felix Lee, Building & Zoning Director Charles Fielder, Chairperson