HomeMy WebLinkAbout10/29/2020 - 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
Chief Building Official
Mark Teplitsky Staff Liaison:
Agenda
October 29, 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/92244536350. (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 922 4453 6350. 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 SEPTEMBER 24, 2020
The purpose of this item is to consider approval of the minutes from the September 24, 2020 regular
meeting of the Building Review Board.
2. LUXURY HOMES OF NORTHERN COLORADO REQUEST FOR REINSTATEMENT OF LICENSE
WITHOUT UPDATED TESTING
DESCRIPTION: The purpose of this item is to seek a determination from the Building Review
Board as to whether or not reinstatment of the license and supervisor certificate
for Luxury Homes of Northern Colorado and Matt Tschetter can move forward
without receipt of updated testing covering the International Code Council (ICC)
2015 code year.
STAFF: Rich Anderson, Chief Building Official
Shar Manno, Administrative Services Manager
3. PROPOSED 2021 WORK PLAN FOR THE BUILDING REVIEW BOARD
DESCRIPTION: All City of Fort Collins Boards & Commissions are required to submit a work plan
for the coming year to the City Clerk’s office no later than November 30. The
purpose of this item is adoption of the 2021 BRB Work Plan.
STAFF: Rich Anderson, Chief Building Official
• OTHER BUSINESS
• ADJOURNMENT
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Date:Roll CallJohnson Massey Penning Richards Robinson TeplitskyCram Voteabsentabsent5 present1 – Minutes of 9/24/20Robinson Richards Johnson Penning Teplitsky MasseyCramYes Yes Yes absent absent Yes Yes5-02 - Luxury Homes of Northern Colorado Appeal DenialRichards Johnson Penning Teplitsky Massey RobinsonCramYes Yes absent absent Yes Yes Yes5-03 - 2021 Work PlanJohnson Penning Teplitsky Massey Robinson RichardsCramYes absent absent Yes Yes Yes Yes5-0Roll Call & Voting RecordBuilding Review Board10/29/2020
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 Log
[This meeting was conducted remotely. The Secretary filled out the visitor log.]
DATE: 10/29/20
Name Mailing Address Email and/or Phone Reason for Attendance
Matt Tschetter, Luxury Homes of
Northern Colorado
3026 Old Dominion Ct., Ft.
Collins, CO 80528 970-412-5033 Appellant
Agenda Item 1
Item 1, Page 1
AGENDA ITEM SUMMARY October 29, 2020
Building Review Board
STAFF
Gretchen Schiager, Administrative Assistant
SUBJECT
CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SEPTEMBER 24, 2020 BRB
MEETING
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the September 24, 2020 meeting of the Building
Review Board.
ATTACHMENTS
1. BRB September 24, 2020 Minutes – DRAFT
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City 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
ITEM 1, ATTACHMENT 1
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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.
ITEM 1, ATTACHMENT 1
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City of Fort Collins Page 3 September 24, 2020
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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.
ITEM 1, ATTACHMENT 1
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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
ITEM 1, ATTACHMENT 1
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Agenda Item 2
Item 2, Page 1
STAFF REPORT October 29, 2020
Building Review Board
STAFF
Rich Anderson – Chief Building Official
Sharlene Manno – Manager, Administration Services
SUBJECT
LUXURY HOMES OF NORTHERN COLORADO REQUEST FOR REINSTATEMENT OF LICENSE WITHOUT
UPDATED TESTING
EXECUTIVE SUMMARY
The purpose of this item is to seek a determination from the Building Review Board as to whether or not
reinstatment of the license and supervisor certificate for Luxury Homes of Northern Colorado and Matt Tschetter
can move forward without receipt of updated testing covering the International Code Council (ICC) 2015 code
year.
BACKGROUND
On 8/27/20 Mr. Tschetter of Luxury Homes of Northern Colorado left a voice mail on the contractor licensing
phone line. Sharlene Manno returned Mr. Tscetter’s call on 9/2/20 to talk through reinstatement of his license
and supervisor certificate.
The license and and supervisor certificate for Luxury Homes and Mr. Tschetter expired on 6/11/20. Per Municipal
Code Chaperter 15 Article V, Section 15-157 Superisor certificate; fees; examinations; renewals.
“(d) A supervisor certificate may be renewed provided that the biennial fee is paid and renewal
occurs within sixty (60) days following the anniversary date such certificate was issued, and
further provided that the adopted building code or other applicable code over which an
examination was administered remains in effect at the time of renewal. When such adopted
code over which the renewing certificate holder passed an examination has been substantially
revised prior to the time of such renewal, the certificate holder must attest and certify, on a
form provided by the City, that he or she has received and reviewed a copy of the City's latest
amendments, or has attended a City-provided training class. The holder of an expired
certificate may be reissued such certificate by submitting a new application and paying all
applicable fees as set forth in § 15-158. Such applicant shall not be required to pass an
examination as prescribed in Subsection (c) above, provided that the adopted building code
or other applicable code over which such applicant passed an examination remains in effect
at the time the renewed certificate is obtained.”
Testing on file is that of the 1997 UBC taken in 2004. Mr. Tschetter has completed City of Fort Collins refresher
classes covering the code years, 2003 and 2009. He has also attended the Green Code class on 12/15/11.
There has been one violation issued for working without a permit on 4/5/05 and the file has three (3) expired
permits showing for the following years; 2005, 2008 and 2015.
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Agenda Item 2
Item 2, Page 2
RECOMMENDATION
Staff recommends that the Board deny Mr. Tschetter’s request based on Municipal Code Chapter 15, Article V,
Section 15-157(C) stating that “Prior to obtaining a supervisor certificate, except as provided otherwise in this
Article, an applicant for such certificate shall have passed a written examination administered or approved by
the City of the equivalent of such examination as determined by the Building Official.”
ATTACHMENTS
1. Building Reivew Board Appeal form
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Note: $50 fee paid on 9/8/20 per Shar Manno.
Email address: mjtschetter@hotmail.com
Thursday, October 29, 2020 9:00 a.m.
Richard C. Anderson, Chief Building Official
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ITEM 2, ATTACHMENT 1
Agenda Item 3
Item 3, Page 1
STAFF REPORT October 29, 2020
Building Review Board
STAFF
Rich Anderson, Chief Building Official
SUBJECT
PROPOSED 2021 WORK PLAN FOR THE BUILDING REVIEW BOARD
EXECUTIVE SUMMARY
All City of Fort Collins Boards & Commissions are required to submit a work plan for the coming year to the City
Clerk’s office no later than November 30. The attached draft work plan is an estimation of the work, time, and
cases the board may hear in 2021, as well as action items the Board may wish to undertake. The Board may
make any changes they deem appropriate during the discussion.
STAFF RECOMMENDATION
For the Board may pass a motion to “Recommend the board approve the proposed work plan.”
PROPOSED MOTION
I ____________ would like to make a motion to approve the 2021 work plan as submitted.
ATTACHMENTS
1.2021 Work Plan - DRAFT
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Community Development &
Neighborhood Services
Planning
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6376
970.224.6111- fax
2021 Annual Work Plan
Building Review Board
The Building Review Board will continue to meet when there are public discussion or
hearing/appeal items placed on the regular monthly agenda. The Board may also meet
as needed in order to convene special hearings.
Staff anticipates that the Building Review Board will hear several appeals by contractor
license applicants who do not strictly meet the qualification criteria specified in the City
Code. Under its quasi-judicial review authority, the Board is empowered to grant variances
from such criteria when it determines there are practical difficulties or that an undue
hardship would be imposed on the applicant; or, when the Board determines the applicant
has sufficient specialized training, education, or additional relevant experience.
The Board is also empowered to render disciplinary action, including suspension or
revocation of regulated contractor licenses, under which any specified infractions listed in
the regulations are committed.
Additionally, in its code appellate function, the Board may hear appeals from strict
application of the building codes or from an interpretation of the codes by the Building
Official. The Board will continue to hear cases involving challenges to the Building
Official’s interpretation of the adopted building codes, as well as the adopted International
Property Maintenance Code (IPMC).
In its advisory capacity, the Board is expected to participate as a member of the Code
Review Committee, in the review of the International Building Codes. The Board will be
asked to make recommendations to Council regarding any suggested revisions based on
local conditions and community standards.
Action Items:
1.The adopted International Family of Codes will be reviewed for updating in 2021 with a
goal of adopting the 2021 Family of Codes by January 2022. This will be presented to
the board for input and support.
2.Update contractor licensing standards and requirements.
10/29/20
Alan Cram, Building Review Board Chair Date of Approval
ITEM 3, ATTACHMENT 1
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