HomeMy WebLinkAbout07/30/2020 - Building Review Board - Agenda - Regular Meeting Page 1
Alan Cram, Chair Location:
Tim Johnson, Vice Chair This meeting will be held
Brad Massey remotely via Zoom
Katharine Penning
Eric Richards Staff Liaison:
Justin Robinson Rich Anderson
Mark Teplitsky Chief Building Official
Agenda
July 30, 2020
9:00 AM
Pursuant to City Council Ordinance 079, 2020, a determination has been made by the Chair after consultation with the
City staff liaison that conducting the hearing using remote technology would be prudent.
This remote Building Review Board meeting will be available online via Zoom or by phone. No Board members will 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 at
https://zoom.us/j/93297645773. (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 9764 5773. 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.
IF YOU ARE UNABLE TO PARTICIPATE ONLINE OR BY PHONE:
Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone may:
1) Email 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.
2) Come in person to 281 N. College Avenue to utilize City technology to participate in the meeting. Please arrive 15 minutes
prior to the meeting and ring the doorbell at the north entrance so that staff may escort you into the building. Masks and
social distancing will be required. To participate this way, it is strongly recommended that you contact us at least 24 hours
prior to the meeting so that arrangements for proper social distancing and appropriate technology can be put in place to
protect the health and safety of the public and staff. Contact Gretchen Schiager at gschiager@fcgov.com or 224-6098.
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.
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 MAY 28, 2020
The purpose of this item is to consider approval of the minutes from the May 28, 2020 regular
meeting of the Building Review Board.
2. TREE LINE BUILDERS, LLC REQUEST FOR UPGRADED LICENSURE WITHOUT REQUIRED
TESTING
DESCRIPTION: The purpose of this item is to seek a determination from the Building Review
Board to whether or not a commercial Class C1 license should be issued Tree
Line Builders, LLC without required testing.
STAFF: Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
3. REGIONAL TOWN CENTRE (RTC) WORK WITHOUT PERMIT
DESCRIPTION: The purpose of this item is to seek a determination from the Building Review
Board as to what disciplinary action should be taken.
STAFF: Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
4. JJ FENCING AND DECKS, LLC – WORK OUTSIDE OF LICENSE CLASSIFICATION, FAILURE TO
KEEP CURRENT ADDRESS UPDATED, MISREPRESENTATION AND NEGLIGENCE
DESCRIPTION: The purpose of this item is to seek a determination from the Building Reivew
Board as to what disciplinary action should be taken.
STAFF: Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
• OTHER BUSINESS
• ADJOURNMENT
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From: Alan Cram <abcram08@gmail.com>
Sent: Wednesday, July 22, 2020 3:32 PM
To: Rich Anderson <randerson@fcgov.com>
Subject: [EXTERNAL] Re: Re: Remote Meeting
Rich, Thanks for the summaries, it looks like these three issues need to be addressed and promptly.
So I agree that we need to have a hearing on July 30.
I will need to call you and talk about the time of day.
Alan Cram
Fort Collins Building Review Board
Chairman
303-588-8633
On Wed, Jul 22, 2020 at 2:47 PM Rich Anderson <randerson@fcgov.com> wrote:
Alan- no problem,
1.RTC roofing was charged fees on multiple projects for starting work without permit. After
issuing the permit we noted deficiencies on a few of the project. The contractor made no
attempt to make the correction and called them back in for inspection. We have failed the
same projects more than once for the same deficiencies. We are calling them before the
board to determine the status of their license in Fort Collins.
2.JJ Fencing installed a poll barn that the square footage exceeds the total square footage
they are licensed for. This project has multiple deficiencies. We have a third party
engineering report that the board will have access to. This report lists all of the issues. The
property owner will also be present as the contractor has refused to make the required
repairs.
3.Tree Line Builders is appealing my decision to require them to have a current ICC exam to
upgrade their license with us. The last test they have is on the 2003 codes. We have told
them that per the emergency order we can accept a 2009 test but not the 2003. They are
asking the board to waive this order from Council and allow them to upgrade with the 2003
test.
Hope this helps
Rich Anderson, CBO
Chief Building Official
City of Fort Collins
970-416-2748 Office
REMOTE MEETING AUTHORIZATION
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From: Alan Cram <abcram08@gmail.com>
Sent: Wednesday, July 22, 2020 2:27 PM
To: Rich Anderson <randerson@fcgov.com>
Subject: [EXTERNAL] Re: Remote Meeting
Rich, Can you tell me the nature of the three items needing to be heard. It would be better if I have a
clue, so I can say why I thought they are in need of being heard in July.
Thanks
Alan Cram
Fort Collins Building Review Board
Chairman
303-588-8633
On Wed, Jul 22, 2020 at 1:04 PM Rich Anderson <randerson@fcgov.com> wrote:
Alan,
As part of the process for having the BRB meeting this month remotely, the two of us need to
agree that the meeting is required and that we approve the remote meeting. We have three agenda
items that are pressing and require a ruling from the board. With the COVID-19 pandemic still an
concern, and these pressing addenda items, it is my stance that this meeting is needed and should be
held utilizing remote meeting protocols. Please let Gretchen and I know if you agree or disagree with
having the meeting using remote means.
Thank you
Rich Anderson, CBO
Chief Building Official, Building Services
City of Fort Collins
281 North College Avenue
970-416-2748 Office
970-660-7320 Cell
randerson@fcgov.com
REMOTE MEETING AUTHORIZATION
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Date:Roll CallJohnson Massey Penning Richards Robinson TeplitskyCram Voteunexcusedexcused5 present1 – Minutes of May 28, 2020 approvalPenning Massey Richards - Teplitsky -JohnsonYes Yes YesYesYes5-02 - Tree Line Builders Appeal temporary upgrade with conditionsMassey Richards - Teplitsky - PenningJohnsonYes YesYesYes Yes5-03 - Regional Towne Center License Suspension probation with conditionsRichards - Teplitsky - Penning MasseyJohnsonYesYesYes Yes Yes5-04 - JJ Fencing License Suspension probation with conditions- Teplitsky - Penning Massey RichardsJohnsonYesYes Yes No Yes4-1Roll Call & Voting RecordBuilding Review Board7/30/2020
BUILDING REVIEW BOARD
THIS IS A PART OF THE PUBLIC RECORD
Please contact Gretchen Schiager at 970-224-6098 or gschiager@fcgov.com if you inadvertently end up with it. Thank you!
Visitor Sign-In Sheet
NOTE: This meeting was conducted remotely. The secretary filled out the visitor sheet.
DATE: 7/30/20
Name Mailing Address Email and/or Phone Reason for Attendance
Forest Glaser, Tree Line Builders, LLC Appellant
Josh Vicars, Regional Towne Center, LLC Respondent
Justin Ewing, JJ Fencing and Decks, LLC Respondent
Agenda Item 1
Item 1, Page 1
AGENDA ITEM SUMMARY July 30, 2020
Building Review Board
STAFF
Gretchen Schiager, Administrative Assistant
SUBJECT
CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAY 28, 2020 BRB MEETING
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the May 28, 2020 meeting of the Building Review
Board.
ATTACHMENTS
1. BRB May 28, 2020 Minutes – DRAFT
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DRAFTCity of Fort Collins Page 1 May 28, 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
May 28, 2020
A meeting of the Building Review Board was held remotely on Thursday, May 28, 2020, at
9:00 a.m. via the Zoom platform.
Prior to the call to order, Mr. Anderson read a statement regarding City Ordinance 61 granting
authorization for Boards to conduct meetings remotely if specific criteria have been met and confirming
that such criteria have been met for this meeting.
•CALL TO ORDER
Chair Cram called the meeting to order at 9:02 a.m.
•ROLL CALL
PRESENT: Cram, Johnson, Massey, Penning, Richards, Robinson, Teplitsky
STAFF: Anderson, Manno, Hovland, Havelda, Schiager
•PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
•DISCUSSION AGENDA
1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FEBRUARY 27, 2020 MEETING.
Mr. Richards moved to approve the minutes of the February 27, 2020 meeting. Mr. Johnson
seconded. The motion passed 7-0.
Building Review Board
ITEM 1, ATTACHMENT 1
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DRAFTCity of Fort Collins Page 2 May 28, 2020
2. TOTAL SOLAR SOLUTIONS
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 Presentation
Mr. Anderson detailed the background on this case as outlined in the staff report and related
attachments.
Procedural Considerations
Ms. Havelda stated that the City had received a CORA (Colorado Open Records Act) request about
this case. She stated that if the request had come from the respondent, and they had not received all
the requested information, they had the option to continue the hearing to a future meeting. The
respondent stated they were ready to proceed.
Respondent Arguments
Adam Derfler, CEO of Total Solar Solutions, spoke on behalf of the respondent. He acknowledged
this situation was the result in a failure of their process system. He expressed regret for what had
transpired. He explained that the sales manager involved in soliciting without a license had been
dismissed and stated that the company had made improvements to their processes going forward.
Disclosure of Conflicts
Ms. Havelda asked whether any members of the Board had any conflicts to disclose. No conflicts
were brought forward.
Board Questions of Staff and Respondent
Mr. Richards asked about the misconduct of the sales staff. Mr. Derfler stated that their marketing
representative was soliciting door to door without a license. He explained that Brio was the marketing
arm for Total Solar Solutions. They were separate companies, but closely linked.
Mr. Anderson clarified that the stop work orders were issued by the Building Department, and John
Phelan, Energy Services Manager for Fort Collins Utilities, stated that a solar project must meet the
City’s Building Code as well as Utilities requirements. Fort Collins Utilities offers rebates when a
customer uses a contractor from the participating solar contractor network. Contractors can perform
solar installations without being a member of the network, but the customer would not be eligible for
rebates. Mr. Phelan noted that sales, design and installation must be interconnected. He explained
that Brio had initially been removed from the network and Total Solar Solutions was subsequently
removed due to the relationship with Brio as their marketing arm.
Mr. Robinson questioned Total Solar Solutions about their awareness of the City’s requirements at
the time they opened a satellite office in Fort Collins. Mr. Derfler confirmed that they were aware of
the requirements.
Mr. Teplitsky asked whether they hire local staff when they set up an office in a community. Mr.
Derfler said they do like to hire locally.
Ms. Penning inquired about the impact the network suspension had on the business in Fort Collins.
Mr. Derfler said it put them at a disadvantage because customers a provider in the network to quality
for the rebate. Ms. Penning asked what changes they will make to their process. Mr. Derfler said
they had put robust processes in place and will conduct extensive research before moving into a new
market.
Mr. Massey asked about the process for issuing solar permits and the status of the pending permits
for Total Solar Solutions. Mr. Anderson that an electrician does the wiring, and usually someone else
does the structural installation, but a single permit is issued by the Building Department. He stated
that because of the suspension, permits cannot be issued. Mr. Derfler there were a total of 28
customers waiting for permits to be approved, 13 of which have been installed but cannot operate
until this issue is resolved and the permits are issued.
ITEM 1, ATTACHMENT 1
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DRAFTCity of Fort Collins Page 3 May 28, 2020
Mr. Massey asked who would complete the work if the Board opted to revoke the license. Mr.
Anderson said another licensed contractor would have to complete the work.
Mr. Massey asked about the costs being incurred by the customers. Mr. Derfler stated it is between
$75 and $200 per month. Mr. Massey commented that normally, those costs should be offset by the
rebate. Mr. Derfler said they are actively paying the fees on behalf of the customers.
Mr. Richards asked if these customers would still be eligible for rebates from Utilities once this is
resolved. Mr. Derfler stated only two customers made their purchase after the suspension, and they
would not be eligible. Mr. Phelan stated that based on the customer’s awareness, Utilities will honor
rebate.
Mr. Richards noted there were 13 stop work orders were issued and asked about the status of the
other customers. Mr. Derfler said they have not started the work, as they are waiting on permits to be
issued. Mr. Anderson confirmed that the other 15 have not been installed.
Mr. Johnson asked who the licensed electrician is in this case. Mr. Anderson said Bruce Selk with
Total Solar Solutions is the licensed electrician. Mr. Derfler stated that Mr. Selk is based in Utah, but
travels to various sites. Mr. Johnson asked about the hierarchy with Brio. Mr. Derfler said they are
under the supervisor.
Mr. Robinson asked whether the 13 customers with the stop work orders were under contract with
Total Solar Solutions. Mr. Derfler stated there was a signed contract.
Mr. Teplitsky stated that the information they received portrays them as being reckless. He stated
even though they had fired someone and put new systems in place the Board and the community
need assurances that this will never happen again. Mr. Derfler said their office will call the Building
Department to confirm the permit is approved, paid for, and everything is in order before moving
purchasing materials. He reiterated that the Sales Manager had been dismissed.
Mr. Teplitsky asked how they will control the activities of their local staff. Mr. Derfler stated he
personally signs off on materials and will not be signing any more work orders until permits have been
issued.
Ms. Penning asked how they can manage crews without a local supervisor. Mr. Derfler said they do
have locally licensed electrician to do the work, oversee the job and work with Mr. Selk on the
installation. He detailed their quality control process. Ms. Manno stated there is no local licensed
electrician is listed as a supervisor on any of the permits, only Mr. Selk. Mr. Derfler stated he had no
response. Mr. Anderson read the definition of a supervisor in the Code, which states the supervisor
must be on site throughout the job. Mr. Derfler stated he had no comment.
Mr. Massey asked if Mr. Selk was on site supervising the 13 installations. Mr. Derfler said Mr. Selk is
not on site during the work and stated he did not previously understand the requirements of a
supervisor.
Mr. Johnson asked if they assign a different supervisor. Ms. Manno answered in the affirmative and
stated that the supervisor must be licensed electrician and must go through same licensing process
as Mr. Selk did. Mr. Anderson stated that for the 28 pending permits, they will need to confirm Mr.
Selk is on site supervising until another local electrician can be licensed and named as a supervisor.
Mr. Massey asked if Mr. Selk was made aware of the requirement for the supervisor to be on site and
directly supervising the job. Ms. Manno answered in the affirmative.
Mr. Derfler thanked the board, apologized for all the problems, and stated they will be happy to
comply with any restrictions the Board chooses to implement. He said they will verify a supervisor is
on site to finish the work they started.
Board Discussion
Ms. Penning asked what they can do to allow Total Solar to complete the current work. She stated
she was not currently in favor of reinstating the license.
Chair Cram said they need to have someone else complete the work post haste. He stated what had
occurred was unbelievable.
A member asked how this issue was discovered. Mr. Anderson said the inspectors noticed the work
in progress on their routes and checked for permits. Inspectors then canvassed the area to find
others. The 13 installations were identified on that day. Mr. Anderson also clarified the Board’s
options.
ITEM 1, ATTACHMENT 1
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DRAFTCity of Fort Collins Page 4 May 28, 2020
Mr. Johnson stated that Mr. Selk’s presence should be required when inspectors are on site for final
inspections.
Mr. Johnson acknowledged there is always some work in the community that occurs without a
license, mostly small jobs, despite the Code requirements. He believes the homeowners bear some
responsibility.
Mr. Richards agreed that homeowners are responsible for their own due diligence, but they were
failed in this instance. He asked who will be responsible to appoint another contractor to complete
these jobs if the Board decides not to reinstate Total Solar Solutions. Chair Cram asked how to
ensure this will be done promptly. Mr. Anderson said they could require the permits to be completed
within a specified number of days. The Board can make that request, but it would be up to Total
Solar Solutions to honor it.
Chair Cram asked Ms. Havelda whether the homeowners would have to sue to get reimbursement
from Total Solar Solutions. Ms. Havelda said that would be a civil matter between Total Solar
Solutions and the homeowner.
Mr. Richards asked if the permit fees have been paid. Ms. Manno stated initial payments were made
when the permit applications were submitted. Mr. Richards said some type of suspension is required,
and that the fines also must be paid, but he commented that Mr. Derfler has expressed remorse and
now understands the requirements. He stated if on-site supervisor is identified for these jobs moving
forward, and if Total Solar Solutions understands what is required, perhaps they could be allowed to
complete the 13 installations. However, how to proceed with the next 15 pending permits would still
be up for debate.
Mr. Teplitsky asked about the possibility of requiring a surety bond or letter of credit to ensure the 13
projects would be successfully completed, and then the Board could reevaluate how to proceed with
the additional 15. Ms. Havelda said that could potentially be a condition of approval but asked if the
department is equipped to handle that. Mr. Anderson said Total Solare Solutions could get their own
surety bond and provide the paperwork. Mr. Derfler stated he would be willing to get a surety bond.
Mr. Phelan noted that in a case where a contractor is not able to complete a project, and another
contractor must take over, all three parties (the original contractor, the new contractor and the
homeowner) must agree to the arrangement.
Mr. Anderson verified that his department would monitor the supervision.
Mr. Derfler stated he is amenable to whatever the Board requires of them.
Mr. Massey questioned whether it is reasonable to expect one supervisor to manage the 13 pending
installations and 15 more awaiting permits over the next few weeks or months. Mr. Derfler stated that
they can do one to two jobs per day, depending on the crew. He stated he would prefer the
supervisor be there the entire day of the installation and could bring on a second supervisor if
needed.
[Secretary’s note: The Board took a short break at this time. Upon reconvening, another roll call was
conducted confirming all members were present.]
The Board discussed a variety of options and potential conditions to include in a motion.
Mr. Phelan asked who would be responsible for communicating the outcome of this to the
homeowners. Mr. Anderson stated that Total Solar Solutions should communicate that to the
homeowners.
[Secretary’s note: The Board took a short break at this time to allow Staff to craft a proposed motion
based on the discussion. Upon reconvening, another roll call was conducted confirming all members
were present.]
The Board members and Mr. Derfler reviewed the proposed motion. Mr. Derfler did not have any
questions or comments to add.
Chair Cram asked for a motion.
ITEM 1, ATTACHMENT 1
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DRAFTCity of Fort Collins Page 5 May 28, 2020
Mr. Johnson made a motion regarding Total Solar Solutions’ License suspension Agenda Item
#2 on May 28, 2020 as follows: The pending first 13 applications that are subject of this
hearing may be approved on the following conditions:
1. Total Solar must have an onsite licensed supervisor on the ground (in accordance
Chapter 15-161) for completion of these first 13 projects.
2. Additionally, Total Solar must pay the current outstanding City fines and fees.
3. The City must have sufficient documentation to issue a Letter of Completion and
Permit to Operate to Total Solar Solutions on the first 13 projects that are the subject
of this hearing. If any of these conditions are violated, Total Solar Solutions will have
their license automatically revoked.
If the initial 13 projects that are the subject of this hearing are completed appropriately, Total
Solar will be allowed to continue forward with their additional pending applications. All
conditions of the City Code continue to apply, and if a violation is found with regards to the
pending 13 projects, and/or any future projects this shall result in immediate revocation of
Total Solar's license. Any future revocation may be appealed in the manner provided for by
City Code.
Mr. Robinson seconded.
The motion passed 6-1.
Mr. Derfler stated he understood the motion and the requirements, adding that he intends to secure a
local licensed supervisor.
• OTHER BUSINESS
Mr. Richards requested an update on Total Solar Solutions’ standing at a future meeting.
• ADJOURNMENT
Chair Cram adjourned the meeting at 11:25 a.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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Agenda Item 2
Item 2, Page 1
STAFF REPORT July 30, 2020
Building Review Board
STAFF
Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
SUBJECT
TREE LINE BUILDERS, LLC REQUEST FOR UPGRADED LICENSURE WITHOUT REQUIRED TESTING
EXECUTIVE SUMMARY
The purpose of this item is to seek a determination from the Building Review Board to whether or not a
commercial Class C1 license should be issued Tree Line Builders, LLC without required testing.
BACKGROUND
Tree Line Builders, LLC is requesting that they be granted a license and supervisor’s certificate class upgrade
from their current residential licenses of Class E (non-structural) and Class C2 to a commercial Class C1 license
and supervisor’s certificate without completing the required ICC testing. The testing required for a Class C1
license is the ICC National Standard Building Contractor B exam F12. City coordinated recertification classes
attended in 2006 and 2009. The City no longer offers these classes.
The most recent code year testing completed by Forest Glaser, license and certificate holder for Tree Line
Builders, LLC, covered the 2003 IRC (International Residential Code) on December 15, 2005. The City of Fort
Collins is currently under 2018 International Code Council codes, the testing that is available through Pearson
Vue, the International Code Council’s third party administrator, is the 2015 IRC and IBC code year testing.
RECOMMENDATION
Staff recommendations are as follows:
1.Board may choose to approve Mr. Glaser’s request for the upgraded license and supervisor’s certificate
without required testing. This to include completion of the appropriate general contractor’s application in
its entirety.
2.Board may choose to deny Mr. Glaser’s request.
ATTACHMENTS
1.Building Review Board Appeal Form
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City ofktColli� Contractor Licensing 281 N College Ave. P.O. Box 580 Fort Collins, CO 80524 Phone 970-416-2740 Fax 970-224-6134
www.fcgov.com/nbs/contractor.php
BUILDING REVIEW BOARD APPEAL FORM
Appellant Name: t0R£S:C GLAS tR.
Address: I'll �{'K)4-k 0P((€.1e Ave.
Phone #: {17o) �13 -1( Z. 7
Action Requested:
� Exam Waiver D License approval (denied by staff)
(Contractor Hearing)
d/b/a 'TI;.££ L./JJ� g()IL.b�S, L.l-C....
GJ;k. 103
Mobile# {f'?O) 2f 7-6'J l{h
D License Upgrade D Other ____________ _
Description of request/problem and other mitigating factors (attach additional information and/or materials): __
Date
Appellant may appear in person, in writing, or by agent and should be prepared to present all relevant details, or other evidence in support of this hearing request at the hearing time indicated below.
Regular meetings are scheduled for the last Thursday of each month at 9:00 a.m. in the Council Chambers at 300 LaPorte Avenue. Applications must be filed one month prior to the desired hearing date to ensure consideration.
OFFICE USE ONLY
Hearing Date--------------Hearing Time ___________ _
Reviewed by ________________________________ _ Distribution: Original -Appellant, Copy --File
Thursday, July 30, 2020 9:00 a.m.Rich Anderson Chief Building Official
ITEM 2, ATTACHMENT 1
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141 S. College Ave. Suite #103 Fort Collins, CO 80524 Phone: 970-493-9127 Fax: 970-493-9129
Building Review Board Members:
This is a letter of request to upgrade my current City of Fort Collins General Contractor Licenses
from C-2 & E to a C-1 level license without taking a new test.
I passed the COFC General Contractor licensing test in 2003 for a C-2 residential license
and passed the International Code Council (ICC) General Building Contractor A License test in
2008. I have held an A-Level commercial license in Loveland, CO since 2008 and since have
acquired the same level license in Larimer County, Boulder County, and Timnath, CO. I have
built multiple projects that fit into the C-1 license category in other Jurisdictions and have
owned my own company and been an active General Contractor in good standing uninterrupted
for 12-years as of February 2020. We have limited our commercial work in The City of Fort
Collins to Tenant finishes until recently being asked to do other slightly larger commercial
projects, thus the need for the C-1 license.
Prior to owning my own company, I worked for two other General Contractors in Fort Collins
with duties covering superintendent, supervisor, and high-level management roles in single
family residential, multifamily residential, light industrial, and large commercial projects with
Brinkman Partners.
I would appreciate consideration in forgoing the new ICC test since taking the physical test is
unavailable online (I tried), and difficult and risky in person due to COVID-19. My office
manager contracted the illness and experienced a rough recovery. In addition to the current
hardship, I have been building in the COFC and other jurisdictions under the same updated
codes and consider the project verifications to be adequate since they were all classified
commercial, industrial, moderate hazard, warehouse, office, factory-industrial, or business use.
I also have extensive high end residential and multifamily new construction experience. After
speaking with the licensing department at the COFC, they are accepting testing as far back as
2009, my A-Level exam was 2008.
I greatly appreciate your consideration for the license upgrade to C-1, this will allow my
company to continue building quality projects that bring in additional revenue to the City in
permit fees and taxes as well as enhancing our Community and The City of Fort Collins for many
years to come.
Sincerely,
Forest Glaser
Relevant completed commercial projects, contracted to design-build:
1.14,970 square foot new 2-story warehouse/storage/shipping/office for Tharp Cabinets.
Permit # BP-14-01659
2.4,056 Square foot new 2-story industrial/storage/factory/office for ARC Science Corp.
Permit # BP-12-01177
3.1,418 SF new single-story commercial building with portal connection opening and automatic fire
door cut into adjacent building for additional access. Almost all buildings on the cabinet facility
campus of over 150,000 SF were connected via fire rated breezeways or portals.
Permit #BP-08-00773
4.1,479 SF new construction of a multi-use independent commercial structure located next to the
pool and grass area at the Fort Collins Country Club. Permit # 15-B0282
5.16,000 square feet on a six plex of two-story townhomes - full design build, re-platted, and
constructed. COFC Permit # – B1506041, 42, 56, 57, 58, 59
ITEM 2, ATTACHMENT 1
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Agenda Item 3
Item 3, Page 1
STAFF REPORT July 30, 2020
Building Review Board
STAFF
Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
SUBJECT
REGIONAL TOWN CENTRE (RTC) WORK WITHOUT PERMIT
EXECUTIVE SUMMARY
The purpose of this item is to seek a determination from the Building Review Board as to what disciplinary action
should be taken.
BACKGROUND
Regional Town Centre (RTC) received licensing from the City of Fort Collins on March 24, 2010. Since that time
Reginal Twon Centre has been issued 4 stop work orders for completing work without first obtaining a permit;
December of 2017 three stop work orders posted and 2019 one stop work order posted. On April 22, 2020 stop
work orders were issued to all addresses (53 properties) listed on the attached spreadsheet (Attachment 2).
Violation under Chapter 15, Article 5, Section 15-161(a)(9).
Due to Covid-19 restrictions, a virtual meeting was held on May 14, 2020 between the City of Fort Collins Building
Services Division and members of Regional Town Centre. It was determined at that time that Regional Town
Centre must appear before the Building Review Board to determine violation severity, and next steps to be taken.
Fees assesd to Regional Town Center totaled $3,525 for double permit fees for 47 of the 53 addresses.
RECOMMENDATION
Staff recommendations are as follows:
1. Board may choose to take their own disciplinary action. Chapter 15, Article 5, Section 15-162 (d)
2. Board may determine that the violation notification and double fee penalty is sufficient and offer a
warning to Regional Town Center.
3. Board may determine to issue license and supervisor’s certificate suspension to the holder Josh Vicars
and Regional Town Centre for a period of 45 days. Chapter 15, Article 5, Section 15-162 (a)
4. Board may determine that the license and supervisor’s certificate held by Jos Vicars and Regional Town
Centre be revoked for a determined period of time with following conditions:
• Revocation will last for a period of 6 months
Absolutely no work can be performed within the City limits of Fort Collins.
If caught completing work, license will be permanently revoked.
If a violation does occur, misdemeanor charges will be brought forth.
• Board to determine if rehabilitation has occurred by way of Regional Town Centre appearing
before the Building Review Board in a scheduled hearing at end of revocation period.
5. In addition to the suspension or revocation of the license and supervisor’s certificate the Board may
determine that Regional Town Centre is guilty of a misdemeanor and is subject to the penalties set forth
in Municipal Code 1-15
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Agenda Item 3
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ATTACHMENTS
1. Violation letter
2. Stop work order property listing
3. Email history between City staff and Regional Town Centre staff
4. Regional Town Centre job process
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City of ktColli�
July 6, 2020
Regional Town Centre
Josh Vicars
6342 E. CR 18
Johnstown, CO 80534
Planning, Development & Transportation Services
Development Review Center
281 North College Avenue
Fort Collins, CO 80524
970. 221 •6760
BUILDING CODE
VIOLATION NOTICE
Re: City of Fort Collins Building Review Board Hearing Notification
Dear Mr. Vicars,
It has been determined that Regional Town Center (RTC) must appear before the Building Review Board to
determine next steps as a result of the following properties (see attached spreadsheet) having work performed
before a building permit was issued.
On April 22, 2020 stop work orders were placed on file for each of the listed addresses by City of Fort Collins
building inspectors for work that had taken place before a building permit had been issued.
Pursuant to City of Fort Collins Municipal Code, Chapter 5, Article II, Section 114.5 (17) Work commencing
before permit issuance
114.5 Work commencing before permit issuance. In addition to the penalties set forth in Section
114.4, any person or firm who, before obtaining the necessary permit(s}, commences any construction
of, or work on, a building, structure, electrical, gas, mechanical or plumbing system that is not
otherwise exempt from obtaining a permit, shall be subject to a fine in addition to the st andard
prescribed permit fee. Said fine shall be equal in amount to the permit fee, except that it shall not be
less than $50 nor more than $1,000 for the first such violation. A person or firm committing the same
such violation repeatedly shall be subject to a fine equal to double the amount of the permit fee or
double the amount of the fine imposed for the preceding violation, whichever is greater, for each such
subsequent violation committed within 180 days of a previous violation. Said fines may be appealed to
the City Manager, or his or her designee, pursuant to Chapter 2, Article VI of the City Code.
Pursuant to City of Fort Collins Municipal Code, Chapter 15, Section 15-161 (a) (9) Responsibilities of
contractor; supervisor
The contractor of record may proceed with work only after all required permits have been obtained
and shall obtain required inspections and authorization to proceed with the work authorized under the
permit
As a result of the virtual meeting held on May 14, 2020, between the City of Fort Collins Development Review
Center and members from ATC Roofing, it was determined that Regional Town Center (RTC) must appear before
the Building Review Board to have the Board determine violation severity, and next steps to be taken.
Building Review Board Hearing
Date: Thursday, July 30, 2020
Time: 9:00 am
Address: City Hall, 300 LaPorte Ave., Ft. Collins, CO 80521
Please be prepared to speak before and ask questions of the Board.
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RTC Roofing
Notes for meeting:
3/30 -Anglea Fossum successfully sent in all permits for the street Maid Marian at 12:38 PM after conversation regarding min valuation, but did not send
in any other applications. On 3/30, no other applications were sent in.
4/6/2020 -only 18 permits on Sherwood Forest turned in. Permits were issued same day they were turned in using sufficient funds in trust account. 12
applications denied due to insufficent funds in trust account. No responds or questions from RTC on rejection emails. Last email came in at 10:22 AM email
about low trust account sent at 10:24 AM. No response back.
4/14/2020 -$3000.00 deposited in trust, there have been many emails from CBO's on fees for roofing permits and correspondence on how permit will be
processed during COVID. Stated, they were unaware how to calculate fees for building permits in story books. There was no correspondence or questions
to us, on how these should be cacluated. As mentioned by RTC, they have done many roofing permits with us.
4/16-4/21-permits sent in for other addresses for RTC, but not Storybook subdivision
4/22 -Jacob starts issuing SWO for no permits listed above. Same day, permits are sent in, but there is not enough funds in the trust account. Not all
permits are sent in though (see dates of application above}.At 4:43 PM notifed RTC that addit ional funds would need to be dropped for the 26 permits that
were being sent in. Also during this time BDRT's were instructed not to enter in any permit until Jacob talked to Shar and Rich.
4/23 -check dropped off for $10,0000.
4/24 -7:12 AM, Anglea emailed (with Rich and Jacob copied} that general libaility was expired and needed to be updated. 10:59AM, sends in remaining
perm its to be processed.
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Agenda Item 4
Item 4, Page 1
STAFF REPORT July 30, 2020
Building Review Board
STAFF
Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
SUBJECT
JJ FENCING AND DECKS, LLC – WORK OUTSIDE OF LICENSE CLASSIFICATION, FAILURE TO KEEP
CURRENT ADDRESS UPDATED, MISREPRESENTATION AND NEGLIGENCE
EXECUTIVE SUMMARY
The purpose of this item is to seek a determination from the Building Reivew Board as to what disciplinary action
should be taken.
BACKGROUND
On May 17, 2019 a application was submitted for the property located at 1120 N. Lemay Ave., B1903339 to
construct a 13,915 sq. ft. pole barn. There is a homeowner affidavit on file with no contractors listed. A violation
notice was sent to JJ Fencing and Decks, LLC for working outside of the scope for the license classification
currently held. JJ Fencing and Decks, LLC also violated Chapter 15, Article 5, Section 15-161(a)(8) which states
the contractor of record shall maintain a current mailing address, telephone number and email address with the
Building Official. The original violation letter sent via certified mail was returnd not deliverable as addressed. A
secondary violation letter was sent after calling the company to get updated address on July 15, 2020. Based
on the Observation Report JJ Fencening & Decks, LLC also violated Chapter 15, Article 5, Section 15-162(d)(4)
and (7).
(4) “Misrepresentation of a material fact in obtaining a building permit, license or supervisor certificate”;
(7) “Commitment of any act of negligence, incompetence or misconduct in the performance of the
contractor’s specific trade which results in posing a threat to public health and safety”.
The Class MM general contractors license and supervisor’s certificate authorizes the general contractor to
construct, demolish or deconstruct projects associated with detached single family dwellings, detached
structures such as shelters, storage sheds, playhouses, greenhouses, and gazebos, and unenclosed structres
such as open carports, patio covers, open porches and decks. All such projects shall be limited to one-story
buildings or structures not exceeding three hundred (300) square feet in floor area. In this instance, no exception
to square footage was sought by the contractor.
On March 24, 2020 Senior Building Inspector Sam Hancock received an email from Mr. Jack Graham stating
his concerns with a recent inspection and structual issues discovered during punch list as a result of the work
completed by JJ Fencing.
Licensing and certificate history:
JJ Fencing and Decks, LLC received licensing from the City of Fort Collins on May 26, 2017 as a Class MM
(Miscellaneous and Minor Structures) general contractor. Since that time, JJ Fencing and Decks, LLC has been
or will be issued a total of 14 permits; 9 patio covers and 5 decks. Of these permits, three are in expired status
pending either special and/or final building inspection.
On September 12, 2018 then Chief Building Official Russ Hovland granted JJ Fencing and Decks, LLC the ability
to have expanded scope to their licensing that inculded the building of 2-story decks on residental homes.
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Agenda Item 4
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RECOMMENDATION
Staff recommendations are as follows:
1. Board may choose to take their own disciplinary action. Chapter 15, Article 5, Section 15-162 (d)
2. Board may determine that the violation notification is sufficient and offer a warning to JJ Fencing and
Decks, LLC.
3. Board may determine to issue license and supervisor’s certificate suspension to the holder Justin Ewing
and JJ Fencing and Decks, LLC for a period of 45 days. Chapter 15, Article 5, Section 15-162 (a)
4. Board may determine that the license and supervisor’s certificate held by Justin Ewing and JJ Fencing
and Decks, LLC be revoked for a determined period of time with following conditions:
• Revocation will last for a period of 6 months
Absolutly no work can be performed within the City limits of Fort Collins.
If caught completing work, license will be permanently revoked.
If a violation does occur, misdemeanor charges will be brought forth.
• Board to determine if rehabilitation has occurred by way of JJ Fencing and Decks, LLC
appearing before the Building Review Board in a scheduled hearing at end of revocation period.
5. In addition to the suspension or revocation of the license and supervisor’s certificate the Board may
determine that JJ Fencing and Decks, LLC is guilty of a misdemeanor and subject to the penalties set
forth in Municipal Code 1-15.
ATTACHMENTS
1. Violation letter
2. Email history between City staff and Jack Graham
3. Observation, Opinion, and Recommendation Report from Shear Engineering Corporation
4. Copy of issued permit and supporting documentation on file
5. Email confirmation of address change
6. Copy of returned mail
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