HomeMy WebLinkAbout05/28/2020 - Building Review Board - Agenda - Regular MeetingPage 1
Alan Cram, Chair Location:
Tim Johnson, Vice Chair This meeting will be held
Brad Massey remotely via Zoom
Katharine Penning
Eric Richards
Justin Robinson Staff Liaison:
Mark Teplitsky Rich Anderson
Chief Building Official
Agenda
May 28, 2020
9:00 AM
As required by City Council Ordinance 061, 2020, a determination has been made that holding an in-person
hearing would not be prudent and that the matters to be heard are pressing and require prompt
consideration. The written determination is contained in the agenda materials.
This remote Building Review Board meeting will be available online via Zoom or by phone. No one will be allowed to
attend in person. The meeting will be available to join beginning at 8:30 a.m. Participants should try to join at least 15
minutes prior to the 9:00 a.m. start time.
ONLINE PUBLIC PARTICIPATION:
You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom
https://zoom.us/j/93263182535 Using earphones with a microphone will greatly improve your audio). Keep yourself
on muted status.
For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to
speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to comment.
PUBLIC PARTICIPATION BY PHONE:
Please dial 253-215-8782 and enter Webinar ID 932 6318 2535. Keep yourself on muted status.
For public comments, when the Chair asks participants to click the “Raise Hand” button if they wish to speak, phone
participants will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an
opportunity to address the Board. When you are called, hit *6 to unmute yourself.
Documents to Share: Any document or presentation a member of the public wishes to provide to the Board for its
consideration must be emailed to gschiager@fcgov.com at least 24 hours before the meeting.
Provide Comments via Email: Individuals who are uncomfortable or unable to access the Zoom platform or
participate by phone are encouraged to participate by emailing comments to gschiager@fcgov.com at least 24 hours
prior to the meeting. If your comments are specific to any of the discussion items on the agenda, please indicate that
in the subject line of your email. Staff will ensure your comments are provided to the Board.
Building Review Board
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The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will
make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
• CALL TO ORDER
• ROLL CALL
• AGENDA REVIEW
• PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
• DISCUSSION AGENDA
1. MINUTES OF FEBRUARY 28, 2020
The purpose of this item is to consider approval of the minutes from the February 28, 2020 regular
meeting of the Building Review Board.
2. TOTAL SOLAR SOLUTIONS LICENSE SUSPENSION
DESCRIPTION: The purpose of this item is to seek a determination from the Building Review
Board as to whether or not the issued 45-day suspension of Total Solar
Solutions license and supervisor’s certificate sufficiently satisfies the
committed violations.
STAFF: Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
• OTHER BUSINESS
• ADJOURNMENT
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Agenda Item 1
Item 1, Page 1
AGENDA ITEM SUMMARY May 28, 2020
Building Review Board
STAFF
Gretchen Schiager, Administrative Assistant
SUBJECT
CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FEBRUARY 27, 2020 BRB
MEETING
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the February 27, 2020 meeting of the Building
Review Board.
ATTACHMENTS
1. BRB February 27, 2020 Minutes – DRAFT
2. Remote Hearing Approval
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DRAFT
City of Fort Collins Page 1 February 27, 2020
Alan Cram, Chair City Council Chambers
Tim Johnson, Vice Chair City Hall West
Brad Massey 300 Laporte Avenue
Katharine Penning Fort Collins, Colorado
Eric Richards
Justin Robinson Staff Liaison:
Mark Teplitsky Rich Anderson
Chief Building Official
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for
assistance.
Meeting Minutes
February 27, 2020
A regular meeting of the Building Review Board was held on Thursday, February 27, 2020, at
9:00 a.m.. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort
Collins, Colorado.
• CALL TO ORDER
Vice Chair Johnson called the meeting to order at 9:00 a.m.
• ROLL CALL
PRESENT: Johnson, Massey, Richards, Robinson, Teplitsky
ABSENT: Cram, Penning
STAFF: Anderson, Hovland, Havelda, Schiager
• PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
• DISCUSSION AGENDA
1. INTRODUCTION OF NEW CHIEF BUILDING OFFICIAL AND ASSISTANT CITY ATTORNEY
Russ Hovland, former Chief Building Official (CBO), introduced his successor, Rich Anderson, as well
as the new Assistant City Attorney assigned to support the Board, Claire Havelda.
The Board members each introduced themselves.
Building Review Board
ITEM 1, ATTACHMENT 1
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DRAFT
City of Fort Collins Page 2 February 27, 2020
2. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE OCTOBER 31, 2019 MEETING.
Mr. Robinson moved to approve the minutes of the October 31, 2019 meeting. Mr. Massey
seconded. The motion passed unanimously.
3. DAVID KAPLAN APPEAL
DESCRIPTION: David Kaplan is appealing the CBO’s denial of his request to upgrade from a D2
license to a D1 license level or to approve a permit with his D2 license to build an
addition larger than 1000 square feet to a single-family house.
Staff: Rich Anderson, Chief Building Official; Russ Hovland, Senior Plans Examiner
Staff Presentation
Mr. Hovland presented the staff report, explaining the background for the appellant’s request and
stating his recommendation to allow a one-time permit to construct the addition based on Mr. Kaplan’s
experience and knowledge.
Appellant Arguments
Mr. Kaplan spoke to the Board. He described his experience. He stated that he has licenses in Boulder
and other counties that allow him to build additions of this size. He explained why he did not have the
required three projects within the City to qualify for the D1 license.
Board Questions of Staff and Appellant
Mr. Richards asked for more detail about the projects he has completed. Mr. Kaplan discussed a Red
Feather Meadows project and shared about the training he has completed.
Mr. Robinson asked Staff to clarify the requirements to upgrade to a D1. Mr. Hovland described the
requirements.
Mr. Teplitsky asked about risks with connecting to the house. Mr. Kaplan described exploratory digging
and consulting with the engineer. He discussed tying the addition to the existing roof and explained the
need to demolish the existing chimney. He stated the existing roof structure is adequate to support the
addition.
Mr. Massey asked what additional unique experience he has that would qualify him for the D1 license.
Mr. Kaplan said he studied architecture and has been involved in over 500 projects on both the design
and construction side. He mentioned his experience with heavy timber. He stated he has been a
project manager and noted his commitment to sustainable building practices. He talked about his
experience working with the trades and his experience in Boulder.
Mr. Kaplan mentioned he had worked with the firms where Mr. Massey & Mr. Richards work. It was
clarified that neither member has a personal or financial relationship with Mr. Kaplan and that the
parties simply worked for the same employer. Upon hearing testimony from both Mr. Kaplan and the
board members, Ms. Havelda stated that she did not believe a conflict of interest existed. Neither
board member felt there was any bias presented by the situation and neither chose to recuse.
Mr. Massey explained he was not concerned about the square footage but was more concerned about
the fire separation walls. Mr. Kaplan mentioned similar experience with commercial projects but
acknowledged he did not have a lot of experience with fire separation walls. He stated his experience
with design and attention to detail would enable him to figure it out.
Mr. Teplitsky asked if he were granted this one-time permit whether that would affect any of his other
work. Mr. Kaplan stated it would not, but he would like the opportunity to expand and build single-family
homes.
Acting Chair Johnson asked how many projects would be required to get the D1 license. Mr. Hovland
responded that the requirement is three projects.
Mr. Robinson asked how many projects Mr. Kaplan had completed. Mr. Kaplan responded that a
current project outside the City would give him a second.
ITEM 1, ATTACHMENT 1
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DRAFT
City of Fort Collins Page 3 February 27, 2020
Mr. Richards asked about Larimer County requirements versus City of Fort Collins requirements. Mr.
Hovland said the City is one of the most restrictive jurisdictions in the area and that Larimer County has
more lenient requirements.
Ms. Manno, Manager of the City’s contractor licensing program, explained more about how the County’s
licensing requirements differ from the City’s.
Mr. Kaplan explained that his Larimer County license enables him to build single-family homes, but he
was uncertain about duplexes. He stated his County license is similar to the City’s D1 license.
Public Comment
Ann-Marie Phalen-Hartman, owner of 2436 Farghee Ct., spoke about working with Mr. Kaplan and
expressed her interest in working with him based on their comfort level with his abilities. She stated
that the size of the addition they need is due to wheelchair accessibility.
Board Questions and Discussion
Mr. Richards mentioned that in the past they have used a mentoring arrangement, but Mr. Kaplan
seems to be well-qualified. He said he would be likely to support a motion to allow an upgrade to the
D1 license.
Mr. Massey said he was leaning toward allowing the full upgrade to the D1.
Acting Chair Johnson pointed out that Mr. Kaplan’s current project does not yet have a Certificate of
Occupancy and stated he would prefer the one-time exemption. Mr. Robinson agreed, expressing
concern about the fire barrier requirements and ADA compliance.
Mr. Massey said Mr. Kaplan only needs one more single-family to qualify for a license upgrade and
added that this significant addition is similar to doing a new build.
Mr. Teplitsky stated he was more comfortable with the one-time permit.
Mr. Massey suggested Mr. Kaplan could complete this one-time permit to fulfill the required projects for
the upgrade.
Mr. Hovland clarified that a one-time permit for this addition would not give him the experience for the
D1, as it would be another D2 project.
Ms. Havelda noted that Mr. Richards had made a motion. Mr. Richards withdrew the motion.
Acting Chair Johnson asked for clarification about the Board’s jurisdiction. Ms. Havelda explained the
Board’s options.
Mr. Massey suggested approving a one-time exemption today. If the project is successfully completed,
and the Certificate of Occupancy is issued, then this project combined with Mr. Kaplan’s architecture
degree and prior experience would demonstrate that he was qualified for a D1 license without going
back to the Board.
{Secretary’s Note: The Board took a short break to allow Ms. Havelda to craft two motions that would
reflect Mr. Massey’s comments.]
Motion #1
Mr. Massey moved to grant the approval of a one-time permit for the applicant to complete an
addition at 2436 Farghee Court pursuant to the Board’s finding that:
1) the applicant has demonstrated to the Board’s satisfaction that he possesses other
qualifications not specifically listed in Article 15 of the Fort Collins Municipal Code -
such as specialized training, education or additional experience; and
2) the Board has determined that these considerations qualify the applicant to perform in
a competent manner the construction authorized for the aforementioned project under
the license or certificate sought, and
3) that such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of Article 15 of the City’s
Municipal Code.
Mr. Robinson seconded. The motion passed unanimously.
ITEM 1, ATTACHMENT 1
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DRAFT
City of Fort Collins Page 4 February 27, 2020
Motion #2
Mr. Massey moved to grant the upgrade from D2 to D1 on conditions that:
1. Certificates of Occupancy issue for both the 2436 Project and the Red Feather Lakes Larimer
County, and construction is completed because of extensive testimony of applicant
regarding his education, training, and work experience:
a. the applicant has demonstrated to the Board’s satisfaction that he possesses other
qualifications not specifically listed in Article 15 of the Fort Collins Municipal Code
- such as specialized training, education or additional experience; and
b. the Board has determined that these considerations qualify the applicant to perform
in a competent manner the construction authorized for the aforementioned project
under the license or certificate sought, and
c. that such relief may be granted without substantial detriment to the public good and
without substantially impairing the intent and purpose of Article 15 of the City’s
Municipal Code. to one-time permit as written in the staff report
Mr. Richards seconded. The motion passed unanimously.
• OTHER BUSINESS
o Election of Officers
Acting Chair Johnson stated that Mr. Cram had expressed a desire to continue as Chair. Mr.
Johnson stated he was also willing to continue to serve as Vice Chair.
Mr. Massey and Mr. Robinson said they were fine with the current officers continuing in those roles.
Mr. Massey nominated Mr. Cram for Chair.
Mr. Richards seconded. Motion passed unanimously.
Mr. Massey nominated Mr. Johnson for Vice Chair.
Mr. Robinson seconded. Motion passed unanimously.
• ADJOURNMENT
Acting Chair Johnson adjourned the meeting at 10:05 p.m.
Minutes respectfully submitted by Gretchen Schiager.
Minutes approved by a vote of the Board on __________.
_________________________________ ______________________________
Rich Anderson, Chief Building Official Alan Cram, Chair
ITEM 1, ATTACHMENT 1
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ktColli� City of
Boards and Commissions Remote Hearing Item
Request Form
Submission of this form initiates review to determine if items ready for hearing are also
considered "pressing and require prompt consideration" and that it would not be prudent to hear
such Items at an in-person meeting pursuant to City Council Ordinance 061, 2020.
Board or Commission: Building Review Board (BRB) Chairperson: Alan Cram
Date of Requested Hearing: May 2020- December 2oiostaff Liaison: Rich Anderson
Agenda Items: Approval of Minutes of BRB Meetings, public comment on items not on the
agenda and other business
Description: This is a req
uest for the BRB's ability to review and approve the minutes
of previous BRB meetings, allow for public comment on items not on the agenda and allow
the board to discuss other business.
Remote Meeting Justification Pursuant to Section 4.A. & 6.A. of Ordinance 61,2020: An in
person meeting would not be prudent due to COVID-19 public health emergency. These items
are being brought before the BRB during this time as it relates to operation and business
activities that the City must continue despite the current crisis.
Applicant Justification: The ability to review and approve minutes, allowing for public
comments and other business in a timely manner provides the Board, applicants, and
community members with an official and accurate accounting of BRB decisions and actions,
allows for public engagement of critical issues, and other business that effects those served.
This is critical to �e on-going performance of the Board, promotes transparency, and enables
staff and the public to understand the BR B's reasoning behind its decisions.
Recommendation is denial, please include additional information:
Chairperson Recommendation: As Chairp�n of!b.e BRB I here by approve the request to include
a vote on the minutes for the BRB Hearings. CL� .6 0�
Service Area Director Decision in Consultation with the City Attorney: _Approved _____ _
ITEM 1, ATTACHMENT 2
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Agenda Item 2
Item 2, Page 1
STAFF REPORT May 28, 2020
Building Review Board
STAFF
Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
SUBJECT
TOTAL SOLAR SOLUTIONS LICENSE SUSPENSION
EXECUTIVE SUMMARY
The purpose of this item is to seek a determination from the Building Review Board as to
whether or not the issued 45-day suspension of Total Solar Solutions license and supervisor’s
certificate sufficiently satisfies the committed violations.
BACKGROUND
Total Solar Solutions was issued a license and supervisor’s certificate suspension on March
4, 2020 for completing solar system installation on 13 homes throughout Fort Collins without
first obtaining a building permit, and completing construction without first obtaining a
contractor’s license and supervisor’s certificate. Stop work orders have been posted at each
of the addresses, which are in various stages of installation. Multiple addresses have back-
fed with one address backfeeding for a longer period of time than what would be considered
initial testing (multiple days).
Due to Covid-19 restrictions, the 45-day suspension was extended on April 27, 2020 pending
Board determination.
Total Solar Solutions was suspended from the Participating Solar Contractor Network as of
12/17/2019 for a period of 1-year. They are currently working with Fort Collins Utilities to
rectify this situation.
Fines and fees assessed to Total Solar Solutions total $3,363.61 and include $2,963.61 in
double permit fees for each of the 13 addresses, a $200 fine for working with out a contractor’s
license, and $200 administrative fee.
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Agenda Item 2
Item 2, Page 2
RECOMMENDATION
Staff recommendations are as follows:
1. The Board determines that 45-day suspension is sufficient and Total Solar Solutions
can return to normal operations under and following the City of Fort Collins Municipal
Building Code.
2. The Board determines that the 45-day suspension is sufficient and that Total Solar
Solutions can return to normal operations under and following the City of Fort Collins
Municipal Building Code in conjunction with the following additional measure:
a. If Total Solar Solutions is issued further stop work order violations, their license
and supervisor’s certificate will be immediately revoked.
3. The Board determines that the license and supervisor’s certificate must be revoked at
the time of this hearing.
ATTACHMENTS
1. March 4, 2020 Violation Letter
2. April 27, 2020 Violation Letter
3. Stop work order address listing
4. Stop Work Orders with Photos
5. Address backfeed spreadsheet
6. Email from Kiana Carter, May 14
7. Email from Leland Keller, March 24
8. Email from Leland Keller, March 20
9. Utilities Letters to Homeowners
10. Remote Meeting Approval
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Date
Submitted to
Permit# Premise Street Name Date of 1st backfeed Utilities Notes
82001235 60022 1725 Concord Dr. 2/20/2020 3/6/2020 backfed from 2/20 to 3/5
82001234 21118 1807 Overlook Dr. N/A None
82001145 77060 3239 Kingfisher Ct. 2/21/2020 3/6/2020 backfed just that date
82001135 52323 744 Bentley Pl. N/A 3/4/2020
82001123 85462 708 Prichett Ct. 2/22/2020 3/520 backfed just that date
82001120 61415 1813 Scarborough Dr. 2/26/2020 3/6/2020 backfed just that date
82001115 43226 2120 Kerry Hill Dr. N/A 3/6/2020
82001112 91961 2244 Adobe Dr. 2/25/2020 3/6/2020 backfed just that date
82001065 52153 525 Bentley Pl. N/A 3/6/2020
82001062 92273 2014 Scarecrow Rd. N/A 3/6/2020
82001061 57190 807 Marble Dr. N/A 2/28/2020
81916748 91930 5909 Piney Creek Dr. 2/21/2020 3/6/2020 backfed just that date
81916747 24335 2213 Stillwater Dr. 2/22/2020 12/18/2019 Also backfed slightly on 2/24
N/A = none
ITEM 2, ATTACHMENT 5
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Sharlene Manno
From: Leland Keller
Sent:
To:
Subject:
Friday, March 20, 2020 11 :25 AM
Sharlene Manno; Rich Anderson
RE: Work at a Total Solar site
Susan Strong1s address is 3239 Kingfisher Ct.
I asked them if they got a name of the contractor person or business, but it seems they did not.
Leland
970-221-6857
303-652-7748 mobile
From: Sharlene Manno <smanno@fcgov.com>
Sent: Friday, March 20, 2020 11:18 AM
To: Leland Keller <lkeller@fcgov.com>; Rich Anderson <randerson@fcgov.com>
Subject: RE: Work at a Total Solar site
Thank you Leland.
Did you by chance happen to get an address? Currently at this point there are no issued full permits for Total
Solar. Subcontractor or not, and given the stop work orders in place (if this is one of those), there is no authorization to
work in any way, shape, or form.
Shar Manno
Manager, Customer Support
Community Development & Neighborhood Services
970.221.6767
smanno@fcgov.com
Cttyof
�
Hi Shar,
I just got a call from a customer of total Solar Solutions who said that somebody had arrived on site to install a breaker.
I told the customer that total solar was not allowed to do any work because they don't have a license or a permit at this
point. She got back to me a few minutes later and said that the people said that they were subcontractors.
If This Were legitimate, I think it would require that the subcontractor or total Solar Solutions was issued an active
permit for construction. I can't imagine how this situation is legitimate yet.
Let me know if you need any more information. The customer's name is Susan Strong.
Please forgive typos as I am dictating.
1
Leland
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Cityof
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Boards and Commissions Remote Hearing Item
Request Form
Submission of this form initiates review to determine if items ready for hearing are also
considered "pressing and require prompt consideration" and that it would not be prudent to hear
such items at an in-person meeting pursuant to City Council Ordinance 061 , 2020.
Board or Commission: Building Review Board (BRB)
Date of Requested Hearing: May 28, 2020
Chairperson: Alan Cram
Staff Liaison: Rich Anderson
Agenda Item: Suspension of Total Solar's Contractor license
Description: This item is for consideration of the contractor suspension of Total's Solar's license
with the City of Fort Collins. This suspension was issued by the Chief Building Official on March
4,2020 for installation of multiple solar system without obtaining the required permits.
Remote Meeting Justification Pursuant to Section 4.A. & 6.A. of Ordinance 61 ,2020: An in-
person meeting would not be prudent due to COVID-19 public health emergency. These items
are being brought before the BRB during this time as it relates to operation and business
activities that the City must continue despite the current crisis.
Applicant Justification: With this suspension Total Solar is not authorized to install solar
systems in the City of Fort Collins. This agenda item will determine if they can resume
contracting in the City of Fort Collins and will provide a path for those we serve to move forward
with installations. With initial 45-day suspension issued on March 4,2020, Building Services has
permit applications waiting for approval. Without this item on the agenda approvals, installation
will not be allowed and our citizen will be adversely effected.
Recommendation is denial, please include additional information:
Chairperson Recommendation: As Chairperson of ~RB ~e the request Lo include
the stated item to the May agenda for the BRB Hearing. ~ · .____
Staff Liaison Recommendation: Approved
Service Area Director Decision in Consultation with the City Attorney: _Approved _____ _
ITEM 2, ATTACHMENT 10
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Packet Pg. 35
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Packet Pg. 33
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Packet Pg. 29
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