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HomeMy WebLinkAbout01/29/2015 - Building Review Board - Agenda - Regular MeetingCommunity Development & Neighborhood Services 281 N. College Avenue PO Box 580 Fort Collins, CO 80522 970.416.2740 970.224.6134 - fax fcgov.com BUILDING REVIEW BOARD January 29, 2015 1:00 pm – 3:00 pm Council Chambers 300 Laporte Ave AGENDA 1. Approve minutes from the September 25, 2014 Meeting 2. Election of Officers 3. Migrant Dust Project 4. Approve 2014 Annual Report 5. 2015 Work Plan – Formal Approval 6. Follow-Up Reports:  None 7. Other Business  Board Expectations  Board/Council Liaison Lunch Meeting  Code Review  Other FORT COLLINS BUILDING REVIEW BOARD Regular Meeting – September 25, 2014 1:00 p.m. Council Liaison: Karen Weitkunat Staff Liaison: Mike Gebo (416-2618) Chairperson: Alan Cram A regular meeting of the Building Review Board was held on Thursday, September 26, 2014 at 1:00 p.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins, Colorado. BOARD MEMBERS PRESENT: Alan Cram Andrea Dunlap Justin Montgomery Rick Reider George Smith BOARD MEMBERS ABSENT: Torey Lenoch Mike Doddridge STAFF MEMBERS PRESENT: Delynn Coldiron, Customer and Administrative Services Manager Melanie Clark, Staff Support to the Board Russ Hoveland, Deputy Building Official Paul Eckman, Deputy City Attorney ROLL CALL The meeting was called to order and roll call was taken. 1. APPROVAL OF JUNE 26, 2014 MINUTES: Smith made a motion, seconded by Dunlap, to approve the minutes of the June 26, 2014 meeting. Vote: Yeas: Dunlap, Smith, Montgomery, Reider, Cram Nays: None Abstain: 2. CONTRACTOR APPEAL – MARK CIPRIANI, D/B/A CIPRIANI CONSTRUCTION, CASE #04- 14 (**Secretary’s note: Please see verbatim transcript for this item.) As a follow-up to this item, the Board briefly discussed possible changes to contractor testing. Gebo stated he would attempt to form a committee to address some of the issues raised. BRB – September 26, 2014 - Page 2 3. FOLLOW-UP REPORTS Cram discussed the order of business and appeal process for contractor appeals. 4. OTHER BUSINESS Smith discussed “super” meetings being attended by Boardmembers and staff and requested clarification as to the purview of the Board in terms of responding to Council when it requests input. Cram discussed means to clarify who is speaking for purposes of transcription. Gebo noted Reider and Cram’s terms on the Board end this year. The meeting adjourned at 2:24 p.m. _____ Mike Gebo, Chief Building Official Alan Cram, Chair HEARING OF THE BUILDING REVIEW BOARD CITY OF FORT COLLINS Held Thursday, September 25, 2014 City Council Chambers 200 West Laporte Street Fort Collins, Colorado In the Matter of: Contractor Appeal Hearing: Mark Cipriani, d/b/a Cipriani Construction, Case #04-14 Meeting time: 1:00 p.m., September 25, 2014 BOARD MEMBERS PRESENT: STAFF MEMBERS PRESENT: Alan Cram, Chair Paul Eckman, Deputy City Attorney Andrea Dunlap Mike Gebo, Chief Building Official Justin Montgomery Delynn Coldiron, Customer & Admin Services Manager Rick Reider George Smith 2 1 CHAIRMAN ALAN CRAM: So, next item on our list is contractor appeal…Mark 2 Cipriani. So, if you would like to come up and state your name for the record. 3 MR. MARK CIPRIANI: Yes, my name is Mark Cipriani. 4 MR. CRAM: Okay, Mark. The procedure will be the City staff will have a chance to 5 make their presentation. You will then have a chance to make your presentation. City staff will 6 then be able to ask questions of you or any witnesses that you may bring, then it’ll be back onto 7 your bailiwick again and you can ask questions of the City staff, any witnesses they provide, then 8 it is back to the City staff to have an opportunity to ask questions to the respondent and any 9 additional witnesses. From there we go into closing statements, which you’ll have an 10 opportunity to make that statement, then the City will have a chance to make final comments, at 11 which point the Board will then discuss what they have heard and/or ask questions of you or the 12 City. So, I guess at this point we are ready to jump off. 13 MS. DELYNN COLDIRON: Okay. 14 MR. CRAM: Delynn… 15 MS. COLDIRON: So, this is case 4-14 for the year, for the Building Review Board, 16 Mark Cipriani of Cipriani Construction. He’s requesting an exam waiver from you. According 17 to the Code, you are authorized to look at three items and kind of grant your waiver based on 18 those things. So, they’re in your text, but anything that results in a peculiar or exceptional 19 practical difficulty to or an exceptional undue hardship upon a person, when such applicant can 20 demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not 21 specifically listed in the article, such as specialized training, education, or other additional 22 experience, and provided that such relief that you may grant is without substantial detriment to 23 the public good, and without substantially impairing the intent and purposes of the article. 24 So, in this case, the appellant obtained a class D-1 license with the City in 2000. We 25 have one test on file for him that covered the ’97 Uniform Building Code. He’s attended all of 26 the City Code amendment classes that have been given and the license remained in good standing through April 24 th 27 of this year, but expired because he did not get a renewal notice from 28 the City. The City’s contractor licensing regulations state that any license or certificate that’s not 29 renewed within the sixty day grace period is treated as a new license, so at that point it’s subject 30 to all of the requirements of a new license, including any new testing that would be required of a 31 new applicant. So, in the…I’m sorry, in the appellant’s information, he noted that, again, he did 32 not receive the normal renewal notice from the City that has typically been received, and because 33 he didn’t get that, he assumed that the expiration date was in 2015. And then he found out 34 when…when he did find out that his license had expired, that’s what started this whole process. 35 So he asked us to renew it…but it, at that point, had been past the sixty day grace period. He had 36 come in to get a permit and at that time found out that his license had expired. So, we did go 37 ahead and grant him a temporary thirty day license as we would any other applicant so that he 3 1 could continue with his permitting process, and…giving him thirty days basically to take the 2 exam or pending the outcome of the Building Review Board decision. 3 So, staff recommends denial of this request because we can find no peculiar or 4 exceptional practical difficulty that separates him from any other applicant. Any applicant that 5 desires to work in the City must meet the prescribed level of both testing and experience. Staff 6 can’t find that the applicant possesses current testing or other training over the 2009 or 2012 7 International Building Code or the International Residential Code, which are the codes that are 8 currently in place at this time. But, we can find out more about that from Mark here…while he’s 9 here. And then, we’re unsure whether approval of a waiver request could be granted without 10 substantial detriment to the public good. 11 MR. CRAM: Okay, so Mark it’s your game now. 12 MR. CIPRIANI: Yes, I believe this all started in 2012…it is true, Delynn said I did not 13 receive a renewal notice in the mail, and that is because my information was not updated…which 14 I did update it in person, my new mailing address. In April of 2012, I applied for a building 15 permit for my own house as a homeowner/occupant for the City of Fort Collins, and at that time 16 updated all my information with the City so that my new information, any licenses, anything, 17 would come to my new address. And I did move into that address in early of 2013, still received 18 nothing from the City even though my information was updated. Even when I went in for my 19 building permit, they had told me…they didn’t even tell me at that time that my license had 20 expired. It was like three days later I went back to actually turn all the information in for the 21 permit, and they told me my license had expired. And I asked Sandy, well…I never got a 22 renewal. And she said that they sent me one, they sent it to a previous address, and I explained 23 everything to her at the time, like I’m explaining now. And, I updated all my information at that 24 date and then I believe it was one or two days later, I turned my information into Delynn for the 25 hearing. I even asked her at that time, where…you know, where it was…she explained that to 26 me. I said…asked her how I am notified. She said that we will email you or send something in 27 the mail to you. At that time, I asked her what address she had for me. She still had the 28 incorrect address and then Delynn updated it again for me at that time. So that is the third time, 29 in person, that I’ve updated all my contact information. 30 I’ve been in good standing for fifteen years, never had a compliant, never had any red 31 flags, and this is all a clerical error. And if all the information would have been entered 32 correctly, I would have got my renewal, I would have renewed the license and I wouldn’t be 33 here. So that is why I feel I deserve an exam waiver, and as far as the experience…I did 34 complete that house in 2012, passed every inspection, CO. I’ve done basement finishes in that 35 timeframe also, never missed a thing, never failed an inspection. I’ve even taken a class that I 36 didn’t…that I wasn’t required to attend, the fenestration class, just to keep updated because I do 37 my own framing, my own siding, basically do whatever I can that the license allows me to do. 4 1 So I do keep updated. I’m on the job every day and that’s why I feel I should have my license 2 renewed. 3 MR. CRAM: Okay, so Delynn, it’s back to you. 4 MS. COLDIRON: Well you guys have heard us say a number of times that the notices 5 are a courtesy and they become an expectation because we do try to send them out on a regular 6 basis, and we do try to be proactive. I apologize for the difficulty that you’ve had with updating 7 your information; there’s no excuse for that and I’m not sure exactly what happened there, so I 8 do take responsibility for that and we’ll try to make that…changes there, so I’ll try to figure that 9 out with my staff. But, it is a courtesy; it’s really the responsibility of the contractor to stay on 10 top of a license, just like you do with a driver’s license. And, so that’s I guess what I would have 11 to say about that. 12 Mark, have you…the reason that we don’t necessarily accept just our amendments 13 classes is because they only cover the amendments. They don’t cover the breadth of the Code, 14 and the difference between the UBC and the IRC is pretty substantial, so when I was having 15 conversations with Mike, and Mike can jump in here if he wants, it was different enough that we 16 felt like there should be testing or training over the International Residential Code as well. So, I 17 don’t know, Mark, if you have some training on the IRC that you’ve taken that’s different than 18 just our amendments that you could tell us about? 19 MR. CIPRIANI: Numerous houses in Fort Collins, I mean, even the one I just built was 20 under the 2012 Code. I mean, passed every inspection, never had a problem, never failed 21 anything. As far as any testing, I understand that the Code changes and they have the 22 amendment classes, but if it’s something that is over and above what a previous exam-holder 23 would cover, then every contractor would have to renew their license every two years then, to 24 cover anything that has changed. That’s why we go with the…the update classes. And…you 25 can say many times, experience is the best teacher…on the job, there again, I can say it a million 26 times, passed every inspection on the 2012 Code, never failed, never had a problem. That’s all I 27 can say. 28 MR. CRAM: Okay. 29 MR. CIPRIANI: And I’m currently working now on jobs with building permits for the 30 City of Fort Collins. And just had inspections on that two weeks ago and passed everything. 31 MR. CRAM: So at this point, I would take it that that is your response back to Delynn, 32 and Delynn, did you have any further questions or comments? 33 MS. COLDIRON: No I don’t. 34 MR. MIKE GEBO: Other than Mark has not been in my office for any cause or concerns, 35 I’ve not heard from any…inspectors of issues or concerns, no. 5 1 MR. CRAM: Okay, so we are now down to closing statements. So, Mark any last closing 2 statement that you wish to add to the record. 3 MR. CIPRIANI: Just for the record, it’s…all I can say is I’m here because I say, of a 4 clerical error, and I understand it’s my responsibility to keep track of these things, and for fifteen 5 years, I have. And this year, I apparently did not because my information was not updated. I 6 understand what Delynn says about a driver’s license, but if you’re driver’s license expires…I 7 don’t know of some cases where you have to take a complete driving test again and do all 8 this…it’s just something I feel that was an error, and if I would have received it, if I would have 9 checked on it, I wouldn’t be here. So, I feel that my license should be available to pay the two- 10 year fee and have my license renewed. 11 MR. CRAM: Okay, Delynn…opportunity to make any final closing comments. 12 MS. COLDIRON: These are just tough situations. So I think we…my recommendation 13 is that we would stand by the recommendation that we made to deny the request, mainly from 14 my perspective, to be fair in our regulation of all contractors. And so that’s where I would fall 15 on this issue. 16 MR. CRAM: Okay, so at this point now, the Board can ask questions of the respondent or 17 City staff. Okay, Rick? 18 BOARDMEMBER RICK REIDER: Thank you Alan, Delynn…just a couple of quick 19 questions to make sure I heard all this correctly. Had Mr. Cipriani renewed on time, would his 20 renewal have been accepted and he would still be a licensed contractor? 21 MS. COLDIRON: Yes. That’s true. 22 MR. REIDER: Okay, and there’s a few to renew? 23 MS. COLDIRON: Yes, $225. 24 MR. REIDER: Two hundred and twenty-five dollars…and would there have been any 25 requirement for his renewal that he has not met? For example, to renew and pay that $225, 26 would he have had to have supplied say any sort of continuing education information? 27 MS. COLDIRON: No, he would not have. 28 MR. REIDER: Okay. And, the…the request of the City that he retake this exam…how 29 onerous is that? Is it offered every day, the exam? 30 MR. GEBO: Boy, it’s been a long time since I’ve taken an exam…I think it’s done at 31 Pearson View…or a testing facility where you can…you sign up ahead of time, and it’s kind of 32 an open book and a computer form type of a test. I haven’t heard that it’s an onerous, difficult 6 1 type of test, it’s just…you’ve got to take the time and go to either Greeley or maybe Denver to 2 take this test. 3 MR. REIDER: So you could do that, Mike, pretty much at your time and leisure? And 4 would that test be the 2012 IBC? 5 MR. GEBO: For his license, it would be the IRC. 6 MR. REIDER: The IRC. 7 MR. GEBO: The Residential Code. His D-1 allows him to build single-families, up to a 8 duplex. In order…that license level was commensurate with the International Residential Code, 9 the IRC. 10 MR. REIDER: Okay, and if he were to do so, do you get knowledge of the test result 11 pretty quickly so that he could stay compliant with the thirty day…? 12 MR. GEBO: They give you the results at that day. 13 MR. REIDER: Okay, and is he still compliant with the thirty day extension that you gave 14 him? 15 MS. COLDIRON: I’d have to look at the file to see, but we would…we would be open 16 to, you know, granting another extension if we were up against that. 17 MR. REIDER: Thank you, that was my final follow-up question. Thank you Delynn. 18 Thanks Mike. 19 MR. CRAM: Other Boardmembers have any questions of staff or Mike…I’m sorry, 20 Mark? Andrea? 21 BOARDMEMBER ANDREA DUNLAP: I had two. One would be, you said you built 22 the last house under the 2012…? 23 MR. CIPRIANI: Correct. 24 MS. DUNLAP: And you completed it in 2012? 25 MR. CIPRIANI: The certificate of occupancy was issued in early 2013. I started it in, I 26 believe, April of 2012…under the new Codes. 27 MS. DUNLAP: And with the temporary license, do you have current work going on? 28 MR. CIPRIANI: Yes, I do. 29 MS. DUNLAP: Another house construction? 7 1 MR. CIPRIANI: It’s not a house at this time; it’s a basement finish going right now. 2 MS. DUNLAP: Okay. 3 MR. CRAM: Mark, did you file the papers with the postal service for a change of 4 address. 5 MR. CIPRIANI: Yes I did. 6 MR. CRAM: Okay… I just…I know I moved two years ago and I was amazed at how 7 efficient the system was…it changed things I had no idea was going to change. But… 8 MR. CIPRIANI: The postal system only goes for a year. 9 MR. CRAM: Right. 10 MR. CIPRIANI: And the renewal was apparently, since all this has come to light…I 11 renewed it in April of 2012. So, I was in the new residence in Fort Collins in 2013, so a whole 12 other year, over a year, a year and three months had gone by since the renewal was sent out. So 13 that’s why it didn’t get forwarded, because it was way past the one year mark that the postal 14 service forwards your mail. And that’s why, when I got the permit, I updated all my information 15 so my license renewal, and any information, anything from the City, update classes, anything…I 16 get emails. I got an email from Mike about the rim sealing and the fire protection in the 17 basement. I have received everything except for this one item in fifteen years. And it’s just that 18 change of address, and it just, for some reason didn’t get updated. 19 MR. CRAM: Another question I have for you…is there any reason that you could not 20 take the test? 21 MR. CIPRIANI: I don’t know if there’s a reason I couldn’t take the test, I just feel that it 22 isn’t something that…that I should have to do to renew the license where if I went in and wrote a 23 check, I wouldn’t have to do anything. And to take the update test, or any test, I feel that any 24 contractor when they’re renewing their license should have to take it then. I mean, I’m singled 25 out for a lack of a better term, because of a clerical error…that my information, when I updated it 26 in person…and there again, I know it’s my responsibility, but when you go somewhere, a 27 business, a store, anywhere, and you update your information in person multiple times, you have 28 the reason to believe that that is going to be entered, that’s going to be updated, and you’re going 29 to receive everything you need to receive at that updated address. And that just didn’t happen in 30 this case. 31 MR. CRAM: So, back to my question, and that is, is there any reason that you could not 32 take the test? 33 MR. CIPRIANI: There’s no physical reason, no, that I could not take the test, no. 8 1 MR. CRAM: Okay. Board, do you have any other questions or discussion? Okay, 2 Justin? 3 BOARDMEMBER JUSTIN MONTGOMERY: Delynn, do you show records, or do you 4 keep records of notices that are sent out? 5 MS. COLDIRON: Yeah, I think my staff can find that. 6 MR. MONTGOMERY: Do you know that it was sent to the incorrect address or that it 7 was sent at all? 8 MS. COLDIRON: I would have to double check, but based on Mark’s testimony, I would 9 believe that Sandy would have given him accurate information on that. 10 MR. CIPRIANI: Sandy told me that she had sent it. 11 MR. MONTGOMERY: Oh, that she had sent it…okay. 12 MR. CIPRIANI: That she sent to the last address that was…almost two years old. 13 MR. MONTGOMERY: I apologize, I missed that part. 14 MR. CIPRIANI: And I even checked with them today before I came here to make sure it 15 was updated, and they said it was. I talked to Maggie on the phone today. 16 MR. CRAM: Other questions from the Board? Okay, at this point, is there any 17 discussion amongst the Board? George? 18 BOARDMEMBER GEORGE SMITH: I’m trying to find a way through section two 19 here, you know, such…can demonstrate to the satisfaction other qualifications, training, 20 education or additional experience, that we could use to…get something done. 21 MR. CRAM: Well I think Mark has said that he did build his house under the 2012 Code 22 had not been adopted at that time. But, if in fact he was doing that, he did pass inspections, they 23 would have been based upon the 2009 Code, because the inspection doesn’t look forward, it 24 operates on the adopted…it goes back to one of the questions of fourteen years has gone by and 25 how many changes in the Code have there been? And it’s more than just what he would have 26 encountered building that house; there are lots of other changes that he may encounter 27 subsequent to. And I…there is a reason why the City Code says that you are responsible to keep 28 your license current. Other discussion? No? Then we are down to a point where the Board 29 makes finding of fact by a majority vote as to which, if any, of the previously described 30 violations were committed by the license holder or the supervisor certificate holder. So, findings 31 and disposition. First of all, findings. Do I have a motion to address the findings…either 32 reinstate his license, or allow it to be reinstated. I can’t…I can’t reinstate it, but we can 9 1 recommend that it be, or we recommend that it not be and then this disposition would be then, 2 the actual denial. So, looking for a motion here. 3 MR. REIDER: Alan, I think George has it right. I mean we really have to look at the 4 three exceptions that we can…that we can craft a motion around, and as I look at that, that’s 5 frankly where I struggle. 6 MR. CRAM: In term of…? 7 MR. REIDER: Well, in terms of using one, two, or three to make, you know, to make a 8 simple recommendation. So, I appreciate George kind of pointing that out, because really we 9 have to incorporate that into our determination. 10 MR. CRAM: Right. And, since those are the three issues, they would all have to be 11 addressed. It’s not one or the other, it’s a package. Mike? 12 MR. GEBO: If I can reiterate, this is…this is…in the actual Ordinance, it’s not broken 13 down one, two, three; it’s all one paragraph. And I think for ease of read, we kind of broke it 14 down that way. But the Building Review Board is authorized, upon appeal in specific cases, to 15 grant variances from the terms of this article, where the strict application of any provision of this 16 article would result in a peculiar or exceptional practical difficulty to, or exceptional or undue 17 hardship upon a person or applicant regulated…that’s one. Or, when such applicant can 18 demonstrate to the satisfaction of the Board that the applicant possesses other qualifications not 19 specifically listed in this article, such as specialized training, education, additional experience, 20 which the Board has determined…qualifies to the applicant…to perform in a competent manner 21 any construction authorized under the license or certificate sought. 22 MR. CIPRIANI: The experience and competency I believe I have…thirty some years in 23 the business of building homes. Like I said, I’m on the job every day, I do my own framing, 24 siding, trim…I’m the guy that does the work. I’ve built, in Fort Collins, thirteen 25 houses…fourteen houses, numerous basement finishes, additions…I have the experience, I have 26 the knowledge. 27 MR. CRAM: Okay, Mark you had your opportunity…at this point, we’re in discussion 28 amongst the Board. Does Mike’s reading help any? Rick, do you have some thoughts? 29 MR. REIDER: Not at the moment. 30 MR. CRAM: George? 31 MR. SMITH: I’m just struggling with trying to find a way to get him working with his 32 license. I mean, without setting a precedent…like Delynn had said. Because, when you’re 33 working constantly, you’re up on the Codes; you’re being watched by the Building Department, 34 you’re learning your new stuff. And it’s…I’m trying to find a way, because I’m satisfied that he 10 1 has been current in education and stuff, but…setting the precedent for somebody that comes in a 2 couple years later and hasn’t had any education is what…what bothers me. It would really be a 3 lot easier if you’d just go take the test. 4 MR. CIPRIANI: I wouldn’t be the first person to do this… 5 MR. GEBO: If I could, it always concerns me when I hear setting a precedent, because 6 each case should be an individual review on its own merit. So, I would…I mean if we had 7 another case come forward where his license had expired and it was two years, and he hadn’t 8 done any work, that would…you would have to look at that particular case, not necessarily use 9 this case as precedent-setting to help you make a determination on that one. So, I would say 10 you’re perfectly in your right to look at each individual case on a stand-alone basis. 11 MR. CRAM: Andrea, we haven’t heard anything from you. Okay. 12 MS. DUNLAP: ….in what he’s doing, shows competency, but you know, I’m reluctant to 13 make the exception too. 14 MR. CRAM: Okay, Justin? 15 MR. MONTGOMERY: Sorry, I agree…we, again…I know we look at each case 16 individually, but we’ve heard this similar case many times and we’ve been pretty consistent 17 since I’ve been here that we’re not making exceptions to that when there’s…you know…it 18 doesn’t seem much different that there’s no hardships that we’re seeing; it was the same 19 reasoning…didn’t get the notice, or just lost it, or, in this case it appears it was a clerical error. 20 The one difference I do see in this case is that he has shown that he’s taken some further tests, all 21 the updated amendments by the City of Fort Collins, at least those classes. But I struggle with 22 the same thing, I don’t know that just being consistent with what we’re doing and what we’ve 23 done in the past…I don’t see any difference between this and other cases that we’ve said no, that 24 we’re not going to grant the exception. I don’t see anything that stands out that’s totally 25 different, like he shows, hey I’ve taken tests…they’re not IBC tests, but they’re very similar, or 26 something like that…to me that would stand out as something more substantial to make a 27 decision on. His work experience is important, and I note that, but I get in here that we’re 28 talking about tests and knowledge specific to the Code…as Alan was saying, you get some of 29 that from your building and dealing with the Building Department and inspections, but there’s 30 probably items in there that you don’t touch on that would be included in that Code test. So 31 I…for that, I would have a hard time recommending that we grant the exception. 32 MR. CRAM: Can anyone craft a motion? I will craft one, assuming the Board will 33 support…not necessarily support the motion, but support my doing it. I don’t usually do these, 34 but I want to get us moving along. Finding…we basically did find that he didn’t renew in an 35 accepted time period. The City Code very clearly says he gets to start from square one. And so, 36 on that basis, I would say the disposition is that the Board deny his reinstatement without having 11 1 had the test taken, so that is my motion, realizing that if it doesn’t pass, someone else can write 2 their version, okay? But we have a motion on the table; can I have a second please? 3 MR. SMITH: I’ll second it. 4 MR. CRAM: Thank you George. Discussion is, again, if you vote yes, or yea, you’re 5 supporting the motion to deny the renewal without taking the…not allowing the renewal unless 6 he takes the test, there we go. And if you say nay, all you’re saying is that you don’t like that 7 motion. 8 MR. REIDER: Well, can I discuss that with you? 9 MR. CRAM: Yes. 10 MR. REIDER: And, Delynn, Mike, I’d probably need your input on my thought, but I 11 might be inclined to support that motion and my question, or thought would be…my question to 12 you and my thought for the Board would be, that maybe we, given the thirty day period that he’s 13 dealing in, could we make that motion whereby we give him…I’ll just pick a number of 14 days…like ninety days in which he would have to take the test…ninety or a hundred and twenty 15 days, so that we don’t put a burden of a week or two weeks on him, and that the City staff would 16 also agree to extend his license as a courtesy of this determination for say ninety or a hundred 17 and twenty days. And I throw out both of those just to give him ample time. 18 MR. CRAM: Yeah, I think putting a time limit on his taking the test is not necessary 19 because if he chooses, he could wait for a year and then take it, okay. In terms of the project he’s 20 doing, I think it would be appropriate, rather than saying another thirty days, I would say extend 21 his current temporary to the completion of that project. Because we don’t know how long it’s 22 going to take him to finish it and Mark could sit here and say, well I could do it in sixty days and 23 something happens and rain falls and cement doesn’t arrive, whatever. So I think completion of 24 that project for the temporary would be an appropriate timeline. Delynn? 25 MS. COLDIRON: So that…that needs clarification for me, because does that mean that 26 after a given date, he can no longer get a new permit if he has another job that’s ready to start, or 27 can he start another one as long as he’s in that window. 28 MR. CRAM: It’s only for that one…the extension is only for that one job. 29 MS. COLDIRON: Okay. 30 MR. CRAM: To get that finished. 31 MR. GEBO: Mark is there only currently one job in Fort Collins? 12 1 MR. CIPRIANI: That is correct, well, that I’m working on. I have another job that I’m supposed to start, but I…that’s November 1 st 2 . But, currently I only have one permitted job going at this time. November 1 st 3 is supposed to be another permitted job. 4 MR. GEBO: And are you under contract with that one? 5 MR. CIPRIANI: I am not under a signed contract with that. I have given the people their 6 estimate, they have accepted it, they said I’ve had the job, but we have not drawn up our 7 proposal and had them sign it as of yet. 8 MR. GEBO: Okay, thank you. 9 MR. REIDER: So, Mike, a question for you. If this current thirty day extension, just a 10 hypothetical, expires tomorrow, would that mean that starting tomorrow he could not continue to 11 work on this current permitted job? 12 MR. GEBO: That is what that means. 13 MR. REIDER: Okay, so that would concern me because I think we are trying to deal with 14 a clerical issue here and a contractor that, by everything that I’ve heard, has had a great past and 15 no issues. So I don’t…I don’t want to cause him any undue hardship; I don’t want to cause his 16 clients any undue hardship, nor Alan do I want to make it difficult for him to make a living. And 17 in that regard, I don’t want to make it difficult for him to, in good faith, sign a new contract in a 18 week or two… 19 MR. CRAM: That’s why I’m saying, I think if we clarified that, you know, his temporary 20 is for that job, and upon completion then he either has to start from scratch, which I say is what 21 he should do, okay, go take the test. And he could do that during the time that he’s finishing this 22 project. 23 MR. REIDER: But he can’t…he can’t in good conscience, without even a potential fraud, 24 sign a new contract with a customer without disclosing that he may or may not be a licensee. 25 MR. CRAM: Right…so it basically puts it in his court that, you know, assuming that he 26 would like to continue doing his work, he needs to get on it and get the test. 27 MR. REIDER: Well, is there a way to cover the current job but also give him some time 28 to take the test… 29 MR. CRAM: Well…the temporary, okay, which is in effect right now, might define it as, 30 goes until completion of the project. That covers him so that there’s…setting numerical dates is 31 difficult sometimes on a contract because issues come up, suppliers don’t provide, or change 32 orders come in…and that’s why I’m saying that, you know…a temporary I think ought to be to 33 finish the job. Then the issue of getting his license is kind of separate from that because he needs 13 1 to take the test, and when he has that he’s good to go full bore for a few more years before he has 2 to do it again…he won’t have to take the test again. 3 MR. REIDER: Yeah, and I might try to add an and/or where it gives him some 4 reasonable extension for any new jobs that he wants to do…maybe it’s and/or ninety days or 5 however we want to…we’ll have to think about the wording, but I would agree with what you’re 6 suggesting Alan, but I…if that thirty day temporary expires tomorrow, I don’t want to cause this 7 contractor to not be able to do any other work or sign any contracts. Would you agree to that 8 kind of amendment? 9 MR. CRAM: Not in that wording. Again, I go back to, I’d like to finish that up okay, the 10 temporary…close it, get him to take the test, that was the reason of my motion. Get out there, 11 take the test…they’re really two different issues. One is to get…take the test and get his license 12 back. If the does that, then the temporary is a moot question anyway, okay. But stating…I 13 would be amenable to stating that his temporary goes through the completion of the current 14 project. 15 MR. REIDER: It still hurts him with current business, or new business. 16 MR. CRAM: It does put a little bit of a cramp in his style. Mike? 17 MR. GEBO: And the variance is a waiver of the exam…that’s the whole purpose of this 18 waiver. 19 MR. CRAM: Right. 20 MR. GEBO: …is he’s waiving…he’s requesting a waiver of the exam. He’s not asking 21 for any extension of license, not asking for the ability to continue work beyond any temporary 22 license that he has. So, I think we look at what…what is the request and the variance for. 23 MR. CRAM: I think that was the point of my motion was that it deals strictly with taking 24 the test, get his license back. So the motion on the table is that effect…Delynn, do you agree 25 with that? 26 MS. COLDIRON: Yeah, that’s where your motion stands, unless you accept the friendly 27 amendment that’s been recommended. 28 MR. CRAM: I would just as soon not have that in there because I would like to keep that 29 as a separate issue. 30 MS. COLDIRON: Okay. 31 MR. MONTGOMERY: I have a point of clarification… 32 MR. CRAM: Rick? Or Justin I mean? 14 1 MR. MONTGOMERY: What you just said, Mike, are we not at liberty to add things of 2 that nature about extending that license, or…? 3 MR. GEBO: No, I think you can do that realizing that this is also an additional concern. I 4 think you can do that…I’m just trying to get back to the motion and the vote would be on the 5 variance request, test or not, and then I think the Board can come back and say, okay, let’s figure 6 out how to deal with the current job and anything else new. 7 MR. MONTGOMERY: Rick, I am on board with you on…this future business, I think 8 that could be a potential problem, especially November…we’re talking it’s a month and a half 9 away. Assuming that the test is taken and passed within that time, that could be a potential…that 10 could be hard, and I would think ninety days would be pretty fair, especially if you have to take 11 the test a couple times. And so, I’d be up for addressing that after this…after this motion, 12 potentially, if that’s up for the Board. 13 MR. CRAM: And I think, you know, dealing with what the request is and then coming 14 back with any additional…that’s another issue and it makes it clean. 15 MR. MONTGOMERY: Sure. 16 MR. CRAM: Okay, so we do have a motion on the floor, George has seconded it. Are 17 we ready for a vote then? Delynn? 18 MS. COLDIRON: So on the basis of, that the appellant did not renew…renew his license 19 in the acceptable time period, and that City Code clearly states that he has to start from the 20 beginning in that case, the motion was to deny the request of an exam waiver. 21 MR. CRAM: Yes, I agree with that…with the wording. 22 MS. COLDIRON: Okay, Dunlap? 23 MS. DUNLAP: Yes. 24 MS. COLDIRON: Reider? 25 MR. REIDER: No. 26 MS. COLDIRON: Smith? 27 MR. SMITH: Yes. 28 MS. COLDIRON: Cram? 29 MR. CRAM: Yes. 30 MS. COLDIRON: Montgomery? 15 1 MR. MONTGOMERY: Yes. 2 MR. CRAM: Okay, it takes four votes to one so, at this point then you will need to take 3 the test. Now, the Board would like to also then provide you with some relief in the sense of 4 finishing that project. So, I will open that up to the Board…do you wish to make a comment or a 5 motion to Mike and Delynn about the extension of his current temporary? 6 MR. REIDER: Can we do that? I mean…I think it’s over. My understanding is, we just 7 made a determination and it’s done. 8 MR. GEBO: I believe you…yes…you have made a determination on the variance. Now, 9 you could put it back in our court to say, what do we do with his license on a temporary 10 basis…we’ve extended the one temporary. I would be able, and probably be comfortable to 11 extend that license for the life of this current project that he’s already permitted for. It could be 12 that the Board wants to go further and grant temporaries for additional new work…but at this 13 point, I would work with the temporary license that I have finishing this one particular project, 14 and the Board could just leave it at that or…I don’t think you…I think you could. To get back to 15 your question, Rick, can we go further and do something more…I think you recognize possibly a 16 hardship here that you might want to be able to discuss a little further, and it would certainly be 17 honored. I don’t know who would appeal that. 18 MR. REIDER: Well I think…I guess that would be your determination at this point. I 19 presume that maybe the Board would craft a different motion and that motion would include the, 20 you know, the extension that I had discussed to his license. You certainly have the authority to 21 do that yourself, correct? 22 MR. GEBO: Well, the Code says sixty days. Now, if I’m…because I work with the 23 industry, I’m probably not going to stop that one project because that’s a hardship on somebody 24 that is not here. Whether or not I could sit here and extend that beyond ninety days, that’s 25 probably beyond what I can do in the ordinance…in the Code, the way the code is written. So, 26 honoring the one project I would do. Accepting the extension for…that’s an interesting question, 27 because if I have a permit…if I have a license extension, temporary for thirty days, it doesn’t 28 really tell me that he can’t pull permits during that thirty days does it? No. So, even in this 29 thirty day period, we’ve not said in the ordinance that…you’re temporary for thirty days, you 30 can’t pull permits. There’s nothing in here that would stop somebody from pulling a hundred 31 permits in that thirty day period, so…that just kind of dawned on me that he’s got an active, 32 extended license for this period. Now, I wonder, does that…I’m thinking… 33 MR. CRAM: But then the sixty days would kick in and there’s…I mean, what you’re 34 saying is yeah, it would be reasonable for you to allow him to finish the existing job. 35 MR. GEBO: Correct. 16 1 MR. CRAM: If he pulled an additional permit, he’d have to complete it within that same 2 sixty day period. 3 MR. GEBO: Correct. 4 MR. CRAM: As I see the way the ordinance is written. Right…so you could put a 5 hundred permits, but you still have sixty days to pull a hundred jobs…even two jobs it would be 6 tough. 7 MS. COLDIRON: So, when I look at his expiration, he’s already expired 9/18, but we 8 would honor through, because we knew he was coming to the Building Review Board…so, 9 actually today is when it would expire based on your decision already. One thing I didn’t say as 10 part of the case that probably should be said here is that staff is a lot more limited to the 11 restrictions of the Code than you might be. So, we are…we are limited by the strict…strict 12 application of the Code, and that’s why, you know, you get suggestions to deny a request, 13 because we’re subject to that strict application. So, the thirty day temporary that we grant really 14 only allows staff to grant it for thirty days, and only in the case of a test…when they need 15 additional time to take a test. So we’re limited in that factor. That’s where the Board can come 16 in and kind of exercise some relief. I think under this other one, as when such application of the 17 Code creates a hardship…if you determine that, you know, it’s a hardship for him or his 18 customers not to be able to get his jobs completed, or not to be able to enter this contract, I think 19 you have the freedom to be able to craft something that staff would not be able to, in this case. 20 MR. REIDER: Well I don’t know if we have a problem and I’m not sure…not knowing if 21 we have a problem, I’m not sure how to craft something that might address the problem I don’t 22 know about, so it’s a little tough for me. You know, I expressed my concern about, you know, 23 an individual being able to make an income. I do appreciate the constraints the City staff is 24 under, I understand that quite well. I don’t know if I can help the situation any more. But these 25 test, I guess, are offered every day and you just have to get there and do it. 26 MR. GEBO: That’s my understanding, that it’s pretty quick to register. You know, I 27 imagine there’s some study time getting familiar with the new book and being able to get down 28 and take the test. 29 MR. REIDER: And that’s what I was going to ask you Mike…a lot of times what’s 30 practical in the field is different than the…than the way tests are written. So, is this…is this a 31 test that does require a lot of book time and study time to get through it, or does it mirror the 32 field work pretty closely? 33 MR. GEBO: Well, every test is a book-driven test, meaning they will ask you a question 34 and if you can find it in the book, you found the answer. 35 MR. REIDER: Oh, I see, okay. 17 1 MR. CRAM: Yeah, these books can have tabs on them which direct you very quickly to 2 the various sections so, you may not know the exact answer but you have the book to refer to, 3 and referring to the book a number of times over the years, you begin to understand what’s being 4 written. And some of the new sections are really new, really different. I started looking at 2015 5 already…Mike didn’t want to hear that. And there are some quirky little things in there that 6 they’ve added, and that’s not unusual. We’ve seen items like the self-closing garage door has 7 come and gone a number of times. To sprinkle or not to sprinkle…we’re back in the sprinkle 8 age. So those are the kinds of things that the test actually asks…is, you know, under which of 9 these conditions can you not have to sprinkle a crawl space. Well, you have to know where to 10 find that. And then there’ll be some responses that you’ll get to pick. The new version, you 11 know, being electronic, pretty much grades it as you’re going. And unlike way back when, when 12 I took it, it was pencil, paper and you had to write out your answer. And then it took forever to 13 get it graded. George? 14 MR. SMITH: Do you have any timeframe on how long it’s going to get you to get this 15 test taken or…? 16 MR. CIPRIANI: No I don’t. To be honest with you, I really…I really am very 17 disappointed in the outcome here. I’m going to make it easy for everyone…I would like to finish 18 the basement job that I’m on. I’m not going to take a test; this is…I don’t even know what word 19 to describe it. I mean, I’ve been up on everything; I understand Codes change. I say again, 20 every contractor should have to retake the test then…a new version every time they renew their 21 license. It’s going to be a hardship, I’m going to lose work, but I’d rather take that than the 22 decision I’ve had here today. If I can get an extension, whatever you want to call it, to get a 23 completion on the basement finish that I’m doing now…because like Delynn said, my 24 permit…my extension on my license has expired. That’s all I’m after…very disappointed. 25 MR. CRAM: So, do we want to go any further with crafting any words in terms of…I 26 think Mike has made it clear that, as far as he is concerned, his temporary goes until he does get 27 this job completed. 28 MR. GEBO: I will honor that. 29 MR. CRAM: And beyond that…okay. Mark, thank you for your patience. 30 MR. GEBO: Mark, if I can, over here, these decisions are appealable, so you can appeal 31 to Council, and if you’re interested we can give you some of the paperwork on how that process 32 would work. 33 MR. CIPRIANI: I mean, I wish I could do that Mike. I don’t feel the Council is going to 34 go against the Board here. I mean, it’s just really sad what the City has done here today. I mean, 35 like I said, good standing, never had a problem…a clerical error, which I think I’ve proven was 36 the City’s fault. I believe the City had to take some responsibility in this whole matter…what 18 1 the Code says or whatever. I take some, they’re taking none. But, I appreciate your time and the 2 effort, and Rick I thank you for recognizing my experience and voting for me, I really do 3 appreciate it. Thank you. 4 5 6 Presentation to Building Review Board - January 29, 2015 1 Fugitive Dust Prevention and Control Fugitive Dust Prevention and Control 2 What is “fugitive dust” What is the problem? Why is the City addressing it? What is the City proposing? What feedback are we looking for? Fugitive Dust Prevention and Control 3 Dirt soil leaves Molds fungi pathogens bacteria manure pollen pesticides heavy metals brake linings What is Fugitive Dust? Solid particles suspended in the air by wind or human activity that doesn’t pass through a stack, chimney, or vent… Fugitive Dust Prevention and Control 4 What is the Problem? Health and Environmental Impacts Fugitive Dust Prevention and Control 5 http://www.epa.gov/airscience/air-particulatematter.htm Fugitive Dust Prevention and Control “We need to let the American people know that controlling particulate matter is what stops more premature deaths than breast cancer, prostate cancer and HIV/AIDS (prevention) combined. And we don't know how to cure breast cancer, prostate cancer and HIV/AIDS, but we do know how to control particulate matter.” -Paul Anastas, former EPA Science Advisor and Professor, Yale University http://particulatematters.squarespace.com/ 6 Fugitive Dust Prevention and Control 7 Nuisance and Aesthetics What is the Problem? Fugitive Dust Prevention and Control 8 Safety and Visibility What is the Problem? • State rules apply to stationary sources – Only larger sources are required to get a permit – Land development >25 acres – Don’t address small activities • Larimer County rule applies to land development – Land development >5acres – Can inspect permitted sources and respond to complaints, can’t issue violations • City currently has no rules specific to dust control – Nuisance code – City code compliance officers can’t enforce state and county rules • No specific guidance on what to do to control dust 9 What is the Problem? Fugitive Dust Prevention and Control 10 Saw Cutting Fugitive Dust Prevention and Control 11 Abrasive Blasting Fugitive Dust Prevention and Control 12 Leaf Blowing Fugitive Dust Prevention and Control 13 Street Sweeping Fugitive Dust Prevention and Control 14 Grinding Fugitive Dust Prevention and Control 15 Unpaved Roads and Haul Roads Open Areas and Vacant Lots Fugitive Dust Prevention and Control 16 Earthmoving Fugitive Dust Prevention and Control 17 Why is the City addressing it? 1. Our citizens are asking us to 2. Council is directing us to 3. We are here and have staff to respond 4. Less than world class performance 5. Insufficient codes and regulations Fugitive Dust Prevention and Control 18 Code Changes Dust Control Manual Administrative Policy Training and Support Public Outreach What is the City proposing? Fugitive Dust Prevention and Control 12-146. Prevention of fugitive dust emissions. (a) Any person who conducts or an owner or operator of, a dust generating activity or source shall use all available dust control measures that are technologically feasible and economically reasonable to prevent off-property transport or off-vehicle transport of fugitive dust emissions. 19 Draft Code Language… Fugitive Dust Prevention and Control Defines Dust Generating Activity or Source …shall mean a process, operation, action, or land use that creates emissions of fugitive dust and causes an air pollution nuisance pursuant to Municipal Code §20-1 or causes off- property or off-vehicle transport and has the potential to; adversely impact human health, property, sensitive vegetation or waters of the state; impair visibility; or crease a safety hazard… 20 Draft Code Language… Fugitive Dust Prevention and Control 12-147. Dust Control Manual. Any person who conducts, or an owner or operator of, a dust generating activity or source shall comply with the provisions of the Dust Prevention and Control Manual. 21 Draft Code Language… Fugitive Dust Prevention and Control • Defines dust control measures for 12 activities relevant to Fort Collins Earthmoving Mechanical (leaf) Blowing Demolition and renovation Stockpiles Street sweeping Track-out Bulk materials transport Abrasive Blasting Unpaved roads and haul roads Parking lots Open areas and vacant lots Saw cutting and Grinding • Based on practical, common methods for controlling dust 22 Draft Dust Prevention and Control Manual … Fugitive Dust Prevention and Control Dust control measures that: 1. Prevent dust – can the activity be changed, replaced, or eliminated? 2. Control dust – if the activity can’t be changed or replaced, can the dust be captured, collected, or contained? 3. Limit access to dust exposure – if the activity can’t be changed, and dust can’t be captured, then prevent access to dusty area. 23 Draft Dust Prevention and Control Manual … Fugitive Dust Prevention and Control 24 This! Not this! Fugitive Dust Prevention and Control 25 This! Not this! Fugitive Dust Prevention and Control 26 This! Not this! Fugitive Dust Prevention and Control 27 • Data and Info – Impact on residents, developers, contractors – Overlaps or conflicts with other requirements • Dust Control Manual comments – Activities: missing or exempt? – Costs: equipment, personnel time? – Controls: feasible and reasonable? • Code comments – Clear? – Able to comply? What feedback are we looking for? Fugitive Dust Prevention and Control • January – February several public outreach events • Feb. 4th Public Open House - 6-8pm, 215 N. Mason St. • Jan. 23rd Chamber of Commerce LLAC • Jan., Feb. AQAB, NRAB, BRB, P&Z, LCSB, EAC • March 3rd first reading at Council • March 17th second reading at Council • April begin staff training • April – Sept. public outreach and education 28 Next Steps Fugitive Dust Prevention and Control 29 Thank You! Melissa Hovey Sr. Environmental Planner Environmental Services mhovey@fcgov.com 970-221-6813 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation BUILDING REVIEW BOARD 2014 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 2014 included Alan Cram, Andrea Dunlap, Torey Lenoch, Justin Montgomery, Michael Doddridge, Rick Reider, and George Smith. Alan Cram served as Chairperson for the year; George Smith served as Vice-Chairperson for the year. Council liaison to the Board was Mayor Weitkunat. Staff support was provided by Mike Gebo, Paul Eckman, Delynn Coldiron, Melanie Clark and Tara Leman. 2014 YEAR IN REVIEW: As the appellate body for building codes and contractor licensing regulations, the Board hears appeals upon request. 1. APPEALS: • License Approvals: The Board heard two cases from contractors asking for exceptions to license approvals. • The appellant was requesting a waiver to the City’s testing requirement that proof of current testing be submitted at the time of the request for a contractor license. The Board heard the appellant’s previous license and exam history. Based on the Board’s findings, as well as the appellant not having taken any course on the new codes, the Board voted unanimously in favor of the Building Department to deny the appellant’s request for an exam waiver. • The appellant was requesting a waiver to the City’s testing requirement that proof of current testing be submitted at the time of the request for a contractor license. The Board heard the appellant’s previous license and exam history. Based on the Board’s findings, as well as the appellant not having taken any current courses on newer codes, the Board voted 4:1 in favor of the Building Department to deny the appellant’s request for an exam waiver. • Exceptions/Upgrades: The Board heard no cases from contractors asking for an exception to the licensing regulations. • None. 2. LICENSE HEARINGS: BRB Annual Report December 31, 2013 Page 2 - 2 - The Board heard one case against contractors who had violated the City’s licensing regulations. • The Board considered alleged violations for work being done by the contractor prior to issuance of the required building permit and reviewed the applicant’s previous violation history. Based on their review, the Board made a Finding of Fact confirming the following violations of Section 15-162(d) of the City’s Municipal Code: 1. Failure to obtain required permit for work performed or to be performed. Based on the Board’s findings, as well as the respondent having no prior violations, the Board voted 6:1 in favor of the Building Department proceeding with the respondent’s application for a specialty license. 3. BUILDING OR RENTAL HOUSING CODE HEARINGS: The Board heard no cases involving City Codes: • None 4. ADMINISTRATIVE ITEMS: • Construction Dust: The Board reviewed the proposed Dust Control Manual as presented by the Environmental Planner. The purpose of the Dust Control Manual is to decrease the dust air pollutants and to identify potential reasonable measures to be taken with regard to the air pollution nuisance ordinance. There were questions on: 1) where the majority of complaints originate.