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HomeMy WebLinkAboutBuilding Review Commission - Minutes - 03/30/2023City of Fort Collins Page 1 March 30, 2023 Alan Cram, Chair Council Chambers Gabe Dunbar 300 Laporte Avenue, Fort Collins Shaun Moscrip And Remotely via Zoom Eric Richards Mark Teplitsky Staff Liaison: Ronnie Zimmerman Marcus Coldiron Vacant Seat Chief Building Official Meeting Minutes March 30, 2023 A regular meeting of the Building Review Commission was held on Thursday, March 30, 2023, at 9:00 a.m. via Zoom and in person at 300 Laporte Avenue, Fort Collins, Colorado. • WELCOME BY COUNCILMEMBER PEEL • CALL TO ORDER Chair Cram called the meeting to order at 9:03 a.m. • ROLL CALL PRESENT: Cram, Dunbar, Moscrip, Richards, Teplitsky, and Zimmerman ABSENT: None STAFF: Coldiron, Manno, Guin, Matsunaka • PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. • DISCUSSION AGENDA 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FEBRUARY 23, 2022 MEETING. Teplitsky moved to approve the minutes of the February 23, 2023 meeting. Richards seconded. The motion passed 6-0. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) Building Review Commission City of Fort Collins Page 2 March 30, 2023 2. GEORGE KIDDER, COLORADO WOODWORKS – LICENSE UPGRADE REQUEST WITHOUT EXAM DESCRIPTION: Mr. Kidder of Colorado Woodworks is requesting a secondary one-time licensing variance approval to build a ground level deck/platform which falls to a higher, commercial classificiation, licensing level. STAFF: Shar Manno, Manager, Contractor Licensing Marcus Coldiron, Chief Building Official Disclosure of Conflicts Richards withdrew from the discussion of this item due to a conflict of interest. Staff Presentation Shar Manno, Contractor Licensing Administrator, stated this item relates to a secondary one-time licensing variance request for construction of a ground level deck/platform which requires a higher, commercial classification licensing level than Mr. Kidder possesses. She stated the license Mr. Kidder holds went into effect on August 26, 2003 and since its inception, Colorado Woodworks has received one violation for completing work without first obtaining a permit on April 26, 2004. She noted neither Mr. Kidder’s license or supervisor certificate have been in expired status requiring reinstatement and Mr. Kidder attended the 2009 recertification class. Manno discussed a previous bleacher construction project completed by Mr. Kidder that also required a licensing variance request and outlined the project for which this variance is being requested. She detailed the requirements that would need to be fulfilled in order for Mr. Kidder to acquire the proper license and stated staff recommends denial of this request based on missing requirements and the previous one-time license variance request which was granted. Applicant Presentation George Kidder, Colorado Woodworks, stated this is a one-time request and noted he was previously granted a similar request for a much larger, more complex project than the one for which this license variance would apply. He described the project he is seeking to be allowed to complete and expressed some concern about the timing of getting it completed if the variance is approved. Staff Response Ms. Manno clarified notes could be added to an approval to indicate it would be valid until the project is completed. Applicant Response None. Commission Questions and Discussion Moscrip asked about the permit process for a project of this type. Marcus Coldiron, Chief Building Official, replied the review is similar to any deck that requires a permit and is considered commercial in this case. Moscrip asked if there is another professional involved to ensure engineering requirements are met. Mr. Kidder replied they have met with Blake Larsen who worked on the bleacher project and noted he personally handled the ADA requirements for the bleachers, not another professional. Moscrip asked if the platform will be accessed via steps or a ramp. Mr. Kidder replied the topography of the land includes a low spot the deck will need to go over; therefore, the 24-inch height referenced will be going over that area only. He stated the platform will be accessed by a concrete sidewalk that will slope up to it and most of the deck will be ground level. Moscrip asked if the bleacher project was considered commercial and whether it had a commercial building permit. Manno replied in the affirmative. Chair Cram asked if the deck will be level or pitched for drainage. Mr. Kidder replied it will be level and the quarter-inch spacing between boards will facilitate drainage. Chair Cram expressed concern about the proposed 12-inch drop on the back side. Mr. Kidder described the design and addressed the concerns. City of Fort Collins Page 3 March 30, 2023 Chair Cram asked about the support system under the deck. Mr. Kidder replied the preliminary plans are to make the foundation concrete piers with integrated beams. Teplitsky stated he has no doubt Mr. Kidder has the knowledge to complete this project. However, he noted the most common appeal type heard by the Commission relates to people not wanting to take a test. He asked Mr. Kidder what would stop him from taking the necessary test if the project may not happen for a year or two. Mr. Kidder replied he is getting close to retirement and does not see a future need to hold the license that would apply to this project. Teplitsky asked Mr. Kidder if he would be able to show three projects to meet requirements. Mr. Kidder replied he would be able to show commercial applications, one of which is the bleacher project. He noted the complexity of his projects has increased over the years and stated some of the residential applications could be considered qualifications for commercial licensing. Teplitsky asked Mr. Kidder how many decks he has built and how many other structures he has built on piers. Mr. Kidder estimated he constructed 20 decks last year, some of which were very complex, along with a cabin. Dunbar asked what inspections will be required for this project. Coldiron replied inspections would start with the foundation, then the rough framing, and a final inspection. Motion Dunbar made a motion that the Fort Collins Building Review Commission approve the applicant’s request for a variance to the licensing standards in this appeal in accordance with Section 15-156 of the City Code. Based on the staff report, analysis and recommendation, and the evidence and testimony provided today, the strict application of the City’s license standards requiring an examination for the proposed work would result in peculiar or exceptional practical difficulty for the applicant or an exceptional or undue hardship for the applicant. Teplitsky seconded. It was clarified this variance would only apply to this project. The motion passed 5-0. (**Secretary’s Note: The Commission took a brief recess at this point in the meeting.) 3. LIMITED LICENSING WITHOUT TESTING DESCRIPTION: Staff is requesting that the Chief Building Official (CBO) have the ability to provided limited classification licensing without requiring an exam. STAFF: Shar Manno, Manager, Contractor Licensing Marcus Coldiron, Chief Building Official Staff Presentation Shar Manno, Contractor Licensing Administrator, withdrew this item from the agenda for additional work. 4. RODNEY HENRICHSEN – SUSPENSION/REVOCATION DESCRIPTION: The purpose of this item is for the Building Review Commission to consider the Chief Building Official’s recommendation of revocation of the contractor license of Northern Colorado Plumbing and Drain (NCPD) with the City of Fort Collins. This item was first heard by the Commission on February 23, 2023. After presentation by the Chief Building Official and NCPD’s representative, the Commission decided to allow NCPD additional time to respond to the Chief Building Official’s recommendation of revocation. The Commission extend the initial 45-day suspension of NCPD’s license until the Commission’s next hearing date, which is March 30, 2023. STAFF: Marcus Coldiron, Chief Building Official City of Fort Collins Page 4 March 30, 2023 Tim Goddard, counsel for the appellant, introduced himself. Rod Henrichsen, appellant, introduced himself. Staff Presentation Marcus Coldiron, Chief Building Official, stated this item relates to the Chief Building Official’s recommendation of revocation of the contractor license for Northern Colorado Plumbing and Drain with the City of Fort Collins. He outlined the documented history of violations and previous license revocations of the company, including an incident that occurred since the February 23rd hearing. He discussed the applicable Code section related to license revocation. He stated the Chief Building Official is recommending Northern Colorado Plumbing and Drain’s contractor license be revoked for three main reasons, all of which relate to public safety. First, Northern Colorado Plumbing and Drain’s conduct, particularly at 2929 Ross Drive, demonstrates a deliberate disregard for the Building Code and for the safety of surrounding members of the community. Second, Northern Colorado Plumbing and Drain failed to comply with the lawful order to rectify the circumstances it had created, and third, Northern Colorado Plumbing and Drain was negligent in allowing these circumstances to manifest and, in failing to correct them when they did, the result was a threat to public health and safety. He also noted the company was engaging in plumbing work during the suspension of its license and stated staff is recommending revocation of the license for a minimum of one year prior to the company having the ability to seek its reissuance. Teplitsky asked if an instance wherein NCPD hired another licensed company to finish some work at 129 Frey Avenue was the proper move. Coldiron replied it was ultimately the right thing to do; however, the work should not have started without proper licensing in the first place and the work that was started by NCPD was a direct violation of the Building Code, and NCPD was onsite assisting the licensed contractor which is also a direct violation. Appellant Presentation Mr. Goddard noted a letter had been previously submitted to the Commission which he will not reread. He also submitted a document correcting what was previously submitted. Mr. Goddard stated he did not believe it was appropriate for staff to bring up the new violation at 129 Frey Avenue as they were not aware of it until they looked through the materials for this hearing. He requested that specific matter be continued to allow for a proper response. Assistant City Attorney Guin recommended the Commission not make a decision on the revocation or suspension today given the appellant has raised an issue of proper notice and ability to respond, and the inability of relevant witnesses to attend the hearing. Mr. Goddard stated he would be willing to present what he has prepared in relation to the issues raised at the prior hearing, or would be willing to postpone to include the new allegation in the presentation. Chair Cram suggested the Commission does not have time to go over the correcting document and stated he believes the item should be postponed until April to allow proper time for the Commission to review the document and for the appellant to adjust their presentation. Moscrip concurred and stated he would rather have all of the evidence and discussion at the same time. Dunbar, Teplitsky, Richards, and Zimmerman concurred. Coldiron requested the license suspension remain in place until the matter is resolved. Chair Cram concurred that would be appropriate. Motion Chair Cram made a motion to postpone consideration of this item to the April regular meeting of the Commission given the process issues. He noted the license suspension will remain in effect. Zimmerman seconded. The motion passed 6-0. City of Fort Collins Page 5 March 30, 2023 5. NOCO CUSTOM HOMES – 30-DAY SUSPENSION UPDATE DESCRIPTION: The purpose of this item is to notify the Commission of a 30 day license suspension imposed on NOCO Custom Homes on March 2, 2023. Per Fort Collins Municipal Code section 15-162, the suspension is currently set to expire on April 2, 2023. STAFF: Marcus Coldiron, Chief Building Official Marcus Coldiron, Chief Building Official, stated the purpose of this item is to notify the Commission of a 30-day license suspension imposed on NOCO Custom Homes on March 2, 2023, which is set to expire on April 2, 2023. He stated the company misrepresented a material fact to obtain building permits in direct violation of Municipal Code Section 15-162; however, the company transferred those permits to another general contractor during the period of suspension with the plan to transfer them back under its license when the suspension expires on April 2. Assistant City Attorney Guin clarified no Commission action is being requested by the Chief Building Official. • OTHER BUSINESS Assistant City Attorney Guin stated staff will be working on how to better bring Item No. 3, Limited Licensing Without Testing, before the Commission. He also noted Chris Haines from the City Attorney’s Office will begin taking over responsibility for advising the Commission. Chair Cram noted the Clerk’s Office will begin recruiting for vacant Boards and Commission positions, including on this Commission. ADJOURNMENT Chair Cram adjourned the meeting at 10:58 a.m. Minutes prepared by TriPoint Data and respectfully submitted by Melissa Matsunaka.