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HomeMy WebLinkAboutBuilding Review Board - Minutes - 09/24/2020City of Fort Collins Page 1 September 24, 2020 Alan Cram, Chair Tim Johnson, Vice Chair Brad Massey Katharine Penning Eric Richards Justin Robinson Staff Liaison: Mark Teplitsky Rich Anderson Chief Building Official Meeting Minutes September 24, 2020 A regular meeting of the Building Review Board was held remotely on Thursday, September 24, 2020, at 9:00 a.m. • CALL TO ORDER Chair Cram called the meeting to order at 9:03 a.m. Mr. Anderson read a statement regarding authorization and procedures for remote meetings. • ROLL CALL PRESENT: Cram, Johnson (late), Massey, Penning, Richards, Teplitsky ABSENT: Robinson STAFF: Anderson, Manno, Havelda, Schiager • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE AUGUST 27, 2020 MEETING. Mr. Teplitsky moved to approve the minutes of the August 27, 2020 meeting. Ms. Penning seconded. The motion passed 5-0, Johnson not present. [Secretary’s Note: Mr. Johnson joined the meeting at this time, and another roll call was taken confirming all were present.] Building Review Board City of Fort Collins Page 2 September 24, 2020 2. SPACE SOLUTIONS, LLC REQUEST FOR A CONTRACTOR LICENSE WITHOUT PROVIDING REQUIRED PROJECT VERIFICATIONS/EXPERIENCE DESCRIPTION: The purpose of this item is to seek a determination from the Building Reivew Board to whether or not a general contractor license should be issued to Space Solutions, LLC, Chris Ufer, without required project verifications/experience. STAFF: Rich Anderson – Chief Building Official Sharlene Manno – Manager, Administration Services Staff Presentation Mr. Anderson presented the staff report. Appellant Presentation Mr. Ufer acknowledged that he agreed to the remote meeting. He described his education and experience. Board Questions of Staff and Appellant Ms. Havelda clarified with Mr. Ufer that he is requesting a D license,. She also asked Mr. Ufer whose license he worked under for Otterbox, and he stated it was Blue Ocean. Mr. Anderson asked if he was doing electrical, plumbing or mechanical and if so, was he licensed by the state. Mr. Ufer responded that he didn’t think he needed a license for the work he was performing. Mr. Anderson aske if he supervised his projects, and if so, if he had a supervisor’s certificate. Mr. Ufer responded that he did not have a supervisor’s certificate. Mr. Ufer mentioned the emails he had submitted about a Windsor permit for a bathroom remodel. Mr. Anderson said those were included in the board packet. Boardmembers and Staff discussed the various levels of D licenses, what each would allow and the licensing requirements for each. Mr. Ufer clarified that he is requesting a D2 license. Staff established that Mr. Ufer did not have the required testing for a D2 license, nor did he meet the project verification requirements. Mr. Massey asked whether Mr. Ufer had any additional education or certifications that the Board may be able to consider, other than what was stated in his hearing application. Mr. Ufer stated he did not. Mr. Anderson asked about Mr. Ufer’s business model. Mr. Ufer said the company was an LLC and that he was the only employee, but he does use subcontractors for painting. He stated he carries no workman’s compensation insurance, but does have a $2M liability policy. Motion Chair Cram closed the hearing and asked for a motion. Mr. Teplitsky suggested accepting his experience as a substitute for the project verification requirement while still requiring the appropriate test. The other Boardmembers expressed concerns about approving the license without the required testing, and insufficient project verifications. Mr. Massey stated exceptions have been made in the past if an applicant is only one project short and needs the license for a specific project, but the Board generally has not waived the required testing. [Secretary’s note: The Board took a short break at this time so that Staff could prepare a motion based on the Board’s discussion. Upon reconvening, a roll call was conducted to confirm all members were present.] Based on the evidence presented, Kate Penning moved to deny the approval of a D2 license for Applicant Ufer having not met the criteria of Fort Collins Municipal Code 15-156 for the license requested under Section 15-159(10) for the D2 License. Mr. Johnson seconded. The Boardmembers declined any discussion on the motion. The motion passed 6-0. Chair Cram and Ms. Havelda addressed the Appellant’s right to appeal to City Council. City of Fort Collins Page 3 September 24, 2020 . Mr. Anderson informed Mr. Ufer that Municipal Code Section 15-157 allows the Chief Building Official to grant a temporary 30-day license on a case-by-case basis. Pending passing the test requirement, Mr. Anderson is willing to discuss that possibility with Mr. Ufer. 3. SUMMIT BUILDERS, LLC REQUEST FOR A CONTRACTOR LICENSE WITHOUT PROVIDING REQUIRED TESTING AND PROJECT VERIFICATIONS DESCRIPTION: The purpose of this item is to seek a determination from the Building Review Board to whether or not a Class B general contractor’s license should be issued to Summit Builders, LLC, Clark Vernon, without required testing and project verifications. STAFF: Rich Anderson – Chief Building Official Sharlene Manno – Manager, Administration Services Mr. Vernon was not present when this item started. Mr. Anderson reached him by phone, and Mr. Vernon stated he did not receive the information that was emailed to him and was not aware of the hearing. Mr. Vernon stated he had passed the test since submitting his hearing application. There was some discussion about the possibility of amending or withdrawing his application, but it was decided to go through the normal hearing procedure. Staff Presentation Mr. Anderson presented the staff report. Appellant Arguments Mr. Vernon stated and spelled his name and company for the record, and stated he was willing to proceed with the hearing by phone. He clarified he would like to move forward with seeking a B license. Upon request from Mr. Anderson, Mr. Vernon confirmed that his appeal request was to waive testing as well as project verification, but that he has since passed the F-12 test for a B license. Ms. Havelda asked whether Mr. Vernon wished to amend his appeal to request a variance from the project requirement, having evidence at this time that he has passed the testing requirement. Mr. Vernon responded in the affirmative. Board Questions of Staff and Appellant Chair Cram commented on the lack of project verifications stating the Board does not have enough evidence in the packet to grant the request. Mr. Vernon stated he had submitted his multi-family permits from California to the previous Chief Building Official (CBO), Mike Gebo and added that he had difficulty finding old permits. Mr. Vernon spoke about his 35 years of experience in the construction industry. In the last few years, his focus has been remodeling, but he is pursuing new builds at this time. Mr. Teplitsky asked whether his project experience fits the requirements. Ms. Manno stated there is no completed contractor license application on file. Ms. Manno added that the F-11 test is required for a B license, but the F-12 test that Mr. Vernon passed would qualify for a C-1, not a B. Mr. Vernon said the F-12 test specified it was for a contractor B license. Mr. Anderson clarified that is ICC’s designation, which does not align with the City’s B license. Ms. Manno added that the C-1 is a commercial license for up to three stories, and that they would need three project verifications for new commercial builds. Chair Cram stated Mr. Vernon does not have verifiable experience to qualify. Ms. Havelda directed the Board to specifically address what was requested in the hearing application. After additional discussion between Boardmembers, Staff and Mr. Vernon, it was determined that the C-1 for which he has already passed the required F-12 test, and for which Mr. Vernon believes he has the required experience, would be most appropriate. Mr. Anderson said Mr. Vernon would need to provide evidence of his project experience as part of a new contractor license application. City of Fort Collins Page 4 September 24, 2020 Motion Chair Cram closed the hearing and asked for a motion. Based on the evidence presented, Chair Cram moved to deny the approval of a B license for Applicant Vernon having not met the criteria of Fort Collins Municipal Code 15-156 for the B license section 15-159(3). Mr. Teplitsky seconded. There was no additional discussion from the Board on the motion. The motion passed 6-0. Chair Cram addressed the Appellant and recommended he resubmit his application for a C-1 license and work with Staff on the project verifications. Ms. Havelda explained Mr. Vernon’s right to appeal the Board’s decision to City Council, noting that no new evidence would be allowed. She stated that this decision does not impact Mr. Vernon’s ability to reapply for a license. •OTHER BUSINESS Mr. Anderson informed the Board that City Council had approved the new electrical ordinance on first reading. The 2020 NEC would be adopted with our local amendments in case the state makes changes. •ADJOURNMENT Chair Cram adjourned the meeting at 10:48 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 10/29/20