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HomeMy WebLinkAbout06/26/2014 - 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 June 26, 2013 1:00 pm – 3:00 pm City Council Chambers 300 LaPorte Avenue AGENDA 1. Approve minutes from the April 24, 2014 Meeting 2. Construction Dust 3. Contractor Appeal: David B. Hurst, d/b/a Triple B Contractors, LLC, Case #03-14 4. Follow-Up Reports:  None 5. Other Business FORT COLLINS BUILDING REVIEW BOARD Regular Meeting – April 24, 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, April 24, 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 Torey Lenoch George Smith Mike Doddridge STAFF MEMBERS PRESENT: Melanie Clark, Staff Support to the Board Mike Gebo, Chief Building Official ROLL CALL The meeting was called to order and roll call was taken. 1. APPROVAL OF OCTOBER 31, 2013 MINUTES: Dunlap made a motion, seconded by Smith, to approve the minutes of the October 31, 2013 meeting. Vote: Yeas: Dunlap, Smith, Lenoch, Montgomery, Reider Nays: None Abstain: (**Secretary’s note: Members Doddridge and Cram were not present for the aforementioned vote.) 2. CONTRACTOR HEARING: CHAD JOHNSON, D/B/A NORTHSTAR FIRE PROTECTION, CASE #01-14 Mike Gebo discussed the Fire Suppression System Specialty Trade License issued by the City and noted the Poudre Fire Authority issues sprinkler permits and performs sprinkler inspections. He stated Mr. Johnson was found altering a fire suppression system at 224 Canyon without a Poudre Fire Authority permit or the appropriate license. Additionally, Gebo stated Mr. Johnson’s application for a Fire Suppression System License has been denied thus far given the violation. BRB – April 24, 2014 - Page 2 Joe Jaramillo, Assistant Fire Marshall, noted Mr. Johnson did not pull a permit as required by the Fire Code. Chad Johnson stated he has been in the sprinkler trade since 1995 but was in sales from 2000- 2012 and therefore had difficulty proving supervisory duties for his permit application. He stated he did not intentionally do the work without the permit and submitted previously received licenses from other jurisdictions and additional paperwork for the record. Gebo clarified there are no issues with the project at 224 Canyon and the fire suppression system there has been approved. Reider asked what type of criteria would be necessary from Mr. Johnson for this type of license. Jaramillo replied PFA follows up with fire marshals regarding work submitted by the contractor. He noted this procedure has not yet occurred for Mr. Johnson because the license was denied by Mr. Gebo prior to being circulated to PFA. Reider asked if any decision made by the BRB would still be predicated upon PFA’s review and acceptance of Mr. Johnson’s application. Gebo replied the Board could deny the license or allow the process to move forward, at which point PFA would review the application. Dunlap asked if Mr. Johnson’s licenses from other jurisdictions had the same requirements as would PFA. Mr. Jaramillo replied the licensing is required by the Building Department; however, PFA’s role is to discuss the applicant’s work with other fire departments. Lenoch asked about the inspection at 224 Canyon. Garnet England, Fire Protection Technician, replied the work involved the movement of a few sprinkler heads for an existing system and was quite minor. Mr. Johnson went on to discuss his qualifications and work experience through the years, but noted some of that experience could not be verified. Gebo asked if Mr. Jaramillo has had any experience with Mr. Johnson’s experience. Mr. Jaramillo replied he does not have any issues with Mr. Johnson’s ability to install a fire suppression system or qualifications. Ms. England agreed with Mr. Jaramillo’s assessment. Dunlap asked why Mr. Johnson deliberately disregarded the Building Code. Mr. Johnson replied it slipped his mind though he did not deliberately ignore the Code. Gebo noted this type of permit holder is not required to be listed on the building permit as a subcontractor. Lenoch asked if the violation of the Building Code was the only reason for Gebo’s original denial. Gebo replied in the positive but noted the application has yet to be verified by PFA. Cram discussed the fact that Mr. Johnson’s name does not appear on a great deal of the paperwork he submitted. Montgomery asked if this license type is strictly for installation or if it includes design as well. Gebo replied this license authorizes the installation of automatic fire suppression systems. BRB – April 24, 2014 - Page 3 Mr. Johnson noted his installations all come from a professional designer and stated his current company name has only been in existence since November. Reider made a motion, seconded by Montgomery, that the Board find in favor of the Building Department proceeding with Mr. Johnson’s application for a specialty license for fire suppression systems. Reider also discussed the finding of fact and found that Mr. Johnson did fail to obtain any required permit for the work performed or to be performed; reference section 15-162 (d) (6). Dunlap suggested a friendly amendment that the project at 224 Canyon not be counted as work experience for the license application. Reider did not accept the friendly amendment, stating he would like that determination to be made by the Building Department or PFA. Cram expressed concern with supporting the motion. He suggested opposing the motion. Lenoch stated Mr. Johnson has a wealth of experience and was not negligent and noted PFA will still have the ultimate decision. Vote: Yeas: Dunlap, Smith, Lenoch, Montgomery, Reider, Doddridge Nays: Cram Abstain: 3. CONTRACTOR APPEAL: SHAUN AMUNDSEN, D/B/A SHON AMUNDSEN CONSTRUCTION, CASE #02-14 Gebo stated Mr. Amundsen is not present. Boardmembers had a discussion regarding whether or not to proceed with a decision on the appeal. It was noted that, if a decision is made in Mr. Amundsen’s absence to deny the appeal, his only option would be to appeal to Council. Gebo noted this applicant received an exam waiver when he first received his license and stated the license has been expired since 2007. Boardmembers discussed the fact that the City does not administer the exams; therefore, any medical issues affecting testing would need to be addressed by the testing agency. Smith noted Mr. Amundsen did not submit project verification forms and asked if a license would be granted without those forms. Gebo replied in the negative. Smith made a motion, seconded by Dunlap, to table the discussion of Mr. Amundsen’s appeal. Vote: Yeas: Dunlap, Smith, Cram, Lenoch, Montgomery, Reider, Doddridge Nays: Abstain: BRB – April 24, 2014 - Page 4 **Secretary’s note: At this point in the meeting, the Board had a discussion regarding citizen input. Gebo apologized for not allowing input at the beginning of the meeting and stated he would prepare a script for the Board’s future meetings. 4. 2013 ANNUAL REPORT – FORMAL APPROVAL Gebo stated this item would formalize the Board’s vote to approve the 2013 Annual Report. Lenoch made a motion, seconded by Montgomery, to accept and approve the 2013 Annual Report. Vote: Yeas: Dunlap, Smith, Cram, Lenoch, Montgomery, Reider, Doddridge Nays: Abstain: 5. ELECTION OF OFFICERS Reider made a motion, seconded by Dunlap, to elect Alan Cram as Chair and George Smith as Vice-Chair. Vote: Yeas: Dunlap, Smith, Cram, Lenoch, Montgomery, Reider, Doddridge Nays: Abstain: 6. FOLLOW-UP REPORTS: None 7. OTHER BUSINESS Jonathan Carnahan, Fort Collins resident, stated there is a meeting tonight regarding the mall redevelopment for all Boards and Commissions. He discussed the bond financing package and amendments for the mall redevelopment. Additionally, Mr. Carnahan discussed leasing for the mall property and expressed concern regarding the amount of leases made. He requested that Alberta be asked how much space has been leased and discussed the Mayor’s conflict of interest regarding the issue. Reider asked Mr. Carnahan for his recommendation. Mr. Carnahan replied the mall will be good for Fort Collins; however, they should be required to have 240,000 square feet leased prior to receiving the financial assistance. Cram encouraged Boardmembers to attend the meeting should an interest exist. Mr. Carnahan noted citizen input will not be allowed at this evening’s meeting. Cram discussed a memo from Lucinda Smith to various Boards and Commissions regarding President Obama’s task force on climate preparedness and resilience. Gebo stated the 2012 Building Codes were adopted and are in effect. He stated he will be providing a class on the new Codes and noted the Boardmembers can attend the class free of charge. BRB – April 24, 2014 - Page 5 The meeting adjourned at 2:47 p.m. _____ Mike Gebo, Chief Building Official Alan Cram, Chair Community Development & Neighborhood Services 281 N. College Avenue PO Box 580 Fort Collins, CO 80522 970.416.2740 970.224.6134 - fax fcgov.com BRB Hearing Date: June 26, 2012 Case No: 03-140 Appellant Name: David B. Hurst Company Name: Triple B Constructors, LLC Action Requested: Approval of Exam Waiver Appeal Code Section: Municipal Code, Chapter 15, Section 15-156: The Building Review Board is authorized, upon appeal in specific cases, to grant variances from the terms of this Article, where the strict application of any provision of this Article would: 1. Result in peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person or applicant regulated; or 2. When such applicant can demonstrate to the satisfaction of the board that the applicant possesses other qualifications not specifically listed in this Article, such as specialized training, education or additional experience, which the board has determined qualifies the applicant to perform, in a competent manner, any construction authorized under the license or certificate sought; and 3. Provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article. Background: The appellant obtained a framing license with the City in 1999. He was granted an exam waiver from the Building Official at that time. The license remained in good standing through January, 2014, at which time the license expired due to non-renewal. The City’s contractor licensing regulations, City Code Section 15-160, require a license and certificate to be renewed within sixty (60) days following the anniversary date such license and certificate were issued. When the renewal is not completed within the 60-day grace period, the license and certificate expire and are no longer eligible for renewal. According to Code, an applicant must then reapply for the license and certificate by submitting a new application and paying the fees as set forth in Section 15-158. All criteria of getting a new license and certificate must be fulfilled, including providing proof of current testing. The appellant noted in his information the following reasons an exam waiver should be granted: Building Review Board June 26, 2014 Page 2 1. He did not receive the normal renewal notice from the City that he has typically received; 2. Had he received the notice, he would have taken the appropriate steps to get his license renewed; 3. The construction business has been very busy over the past year and this was an honest oversight The appellant is requesting a waiver to the testing requirement and reinstatement of his framing license. He was granted a temporary 30-day license on May 15, 2014 pending the decision of the Board in this case. Staff’s Recommendation: Staff recommends denial of this request, due to the following: 1. Staff can find no peculiar or exceptional practical difficulties to or exceptional or undue hardship upon the person or applicant regulated. All applicants that desire to work in the City of Fort Collins must meet the prescribed level of testing and experience prior to obtaining a specific license. Because all applicants face the same expectations, there is no peculiar or exceptional practical difficulty or undue hardship to require that the applicant follow the normal policies and procedures required of all others. 2. Staff cannot find that the applicant possesses current testing or other training over the 2009 or 2012 IBC that would fulfill the testing requirement. 3. Staff is unsure that approval of the waiver request could be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Article. .