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HomeMy WebLinkAboutBuilding Review Commission - Minutes - 09/29/2022City of Fort Collins Page 1 September 29, 2022 Alan Cram, Chair This meeting was Tim Johnson, Vice Chair held remotely Gabriel Dunbar Shaun Moscrip Eric Richards Staff Liaison: Mark Teplitsky Marcus Coldiron Ronnie Zimmerman Chief Building Official Meeting Minutes September 29, 2022 A regular meeting of the Building Review Commission was held on Thursday, September 29, 2022, at 9:00 a.m. remotely via Zoom. CALL TO ORDER Acting Chair Richards called the meeting to order at 9:01 a.m. ROLL CALL PRESENT: Dunbar, Moscrip, Richards, Teplitsky, Zimmerman ABSENT: Cram, Johnson STAFF: Hovland, Manno, Guin, Matsunaka PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. DISCUSSION AGENDA [Timestamp: 9:03 am] 1. CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JULY 28, 2022 MEETING. Moscrip moved to approve the minutes of the July 28, 2022. Dunbar seconded. The motion passed 5-0. [Timestamp: 9:04 a.m.] Building Review Commission City of Fort Collins Page 2 September 29, 2022 2. RALPH CAMPANA APPEAL DESCRIPTION: Mr. Campa of Campana, Inc. is requesting a supervisor’s certificate only reinstatement using an ICC testing certificate that is of an older code year than is currently required and accepted. Disclosure of Conflicts Moscrip disclosed a conflict of interest and recused himself from this item. Staff Presentation Shar Manno, Administrative Services Manager, Contractor Licensing, presented the staff report outlining that Campana, Inc. holds an expired Class D1 license and supervisor’s certificate with the City of Fort Collins. She discussed that the license expired on 1/6/2004 and the supervisor’s certificate expired on 1/6/2022. Mr. Campana has been completing supervisor’s certificate renewals only since the 2004 expiration of the license. She noted this type of activity typically takes place when the contractor will not be pulling permits and would like to ensure that new testing does not need to take place for future reinstatement of the company license. Ms. Manno noted that the D1 supervisor’s certificate requires an ICC F (2015 code year) or G (2018 code year) exam at time of a new licensing request or reinstatement. She discussed that Mr. Campana is requesting a reinstatement of an expired supervisor’s certificate and would like to use the same exam he submitted at the time of his original licensing request. She explained that the exam on file was taken and received in office on 12/7/1998 and covered the 1997 Uniform Building Code (UBC) and Fort Collins amendments. She discussed that Staff recommends denial of this request based on receipt of the licensing packet being received past the 60-day grace period provided for a renewal. She noted this appeal is a reinstatment situation requiring current International Code Council passing testing certificate. Appellant Presentation Mr. Campana spoke to the Board and clarified information about his experience with the renewals process. He discussed that he is not currently using his supervisor’s certificate or contractor’s license but would like to reinstate his certificate and license without taking another test. Board Questions of Staff and Parties-in-Interest Ms. Manno noted that the City has a handful of contractors that complete a supervisor’s certificate-only renewal. Richards asked Mr. Campana for clarification on current projects. Mr. Campana replied that he does not have any current projects. Richards asked for clarification on what Mr. Campana wanted renewed. Mr. Campana replied that he would like to renew his supervisor’s certificate and contractor’s license. Richards asked Ms. Manno about the dates Mr. Campana held the contractor’s license and supervisor’s certificate and the process of getting another contractor’s license. Ms. Manno replied that the F-13 or G-13 testing would be required for a new contractor’s D-1 license or to reinstate. Mr. Campana asked Ms. Manno about the dates he last held the contractor’s license. Ms. Manno discussed that it was in 2004 and no permits were ever pulled with his license when it was current. Ms. Manno discussed the process, fees, and testing required for a new or reinstated contractor’s license or supervisor’s certificate. She noted the amounts of the fees Mr. Campana has paid. Richards asked for more clarification about the expired status of the contractor’s license in 2004 and Mr. Campana’s renewal of the supervisor’s certificate. Ms. Manno discussed that Mr. Campana would be able to reinstate his contractor’s license and supervisor’s certificate with the license he previously held but would need to complete the testing requirement. City of Fort Collins Page 3 September 29, 2022 Teplitsky asked for clarification about the amounts of permits pulled by Mr. Campana. Ms. Manno replied that the only activity undertaken by Campana under his contractor’s license was the initial licensing and supervisor’s certificate renewals. Teplitsky asked for clarification about the requirements of obtaining the supervisor’s certificate. Ms. Manno noted the testing requirements, project verifications, and renewal process for the Commission. Dunbar asked Ms. Manno about active licenses and retesting requirements. Ms. Manno indicated that no new testing is required for active licenses. Teplitsky discussed his experience on the Commission and maintaining fairness. Mr. Campana noted the dates associated with his expiration. Richards asked if Ms. Manno has records of renewal notices. Ms. Manno replied that renewal notices are mailed out two months prior to the expiration date. She noted that the City has never provided electronic reminders. Board Discussion Richards discussed Commission precedents. He noted that Mr. Campana does not have any active projects that would be detrimentally affected by a denial of his appeal. He noted that Mr. Campana’s previous testing was the 1997 UBC and a lot has changed since then. Richards discussed fairness. Dunbar agreed with Richards that based on the timeframe of the original test and to follow city code, he would deny this appeal. Motion Richards closed discussion and asked for a motion. Gabriel Dunbar made the following motion: Motion to Deny: Based on Staff’s report and analysis, and recommendation and the evidence and testimony presented today, I move to DENY the applicant’s request for a variance from the licensing standards in this Appeal in accordance with Section 15-156 of the City Code. I find that: 1. The applicant has not demonstrated to my satisfaction that the applicant possesses other qualifications such as specialized training, education or additional experience that is not specifically listed in our Contractor Licensing section of the City Code that qualifies the applicant to perform construction authorized under the license or certificate sought in a competent manner AND 2. The applicant has not demonstrated that, if the relief requested were granted, there would not be substantial detriment to the public good and would not substantially impair the intent and purpose of this section of the City Code. Zimmerman seconded. The motion passed 4-0. [Timestamp: 9:38 a.m.] City of Fort Collins Page 4 September 29, 2022 3. JAN OTAVSKY - APPEAL DESCRIPTION: Mr. Otavsky of All Season Exteriors, LLC is requesting a a new license and supervisor’s certificate using an ICC testing certificate that is of an older code year than is currently required and accepted for a new licensing request. Disclosure of Conflicts None. Staff Report Shar Manno, Contractor Licensing Administrator, presented the staff report and outlined the exception to the testing. She noted that Jan Otavsky does not hold a license and supervisor’s certificate with the City of Fort Collins. She discussed his new request for a roofing license for which a full and completed application has been received and includes a W14 National Standard Roofing Contractor/Subcontractor passing exam certificate from the International Code Council (ICC). The W14 covers the 2012 ICC code year codes. Ms. Manno noted that the City of Fort Collins is currently following the 2021 ICC codes which means that the testing certificates required for any new or reinstatement licensing request must cover that code year. Ms. Manno discussed that staff recommended denial of Mr. Otavsky’s appeal based on receipt of a licensing packet that includes an ICC testing certificate that is past the required code year for licensing. Applicant Presentation Jan Otavsky presented the applicant presentation and discussed his company’s experience. He further explained different projects he’s completed in Colorado and the surrounding areas. He noted that his clients have requested his company to complete projects within the City. He discussed his timeframe for taking the test. Mr. Otavsky noted the minor differences in his prior completed test and the current required test. Staff Rebuttal Russ Hovland and Ms. Manno discussed exams accepted for ICC code years 2015 and 2018. Mr. Hovland noted that there have been minimal changes to the ICC code between 2012 and 2018 but that the City has made some local amendments. Mr. Otavsky replied that he will comply with current local codes. Mr. Otavsky clarified that he applied to complete residential pitched roof projects but would also apply for a commercial license in the future. Board Questions and Discussion Teplitsky and Mr. Otavsky discussed the proposed timeframe to take the test. Mr. Otavsky noted that he is in his busy season and does not want to be on site. He would prefer to complete the test in the Winter. Teplitsky and Mr. Otavsky discussed his experience on the Commission when hearing requests for testing exemptions and approving permits on a conditional basis. Richards and Mr. Otavsky discussed the potential business leads in the area. Richards noted the Commission’s reluctance to grant an exception to the testing requirement. He noted that Mr. Otavsky does not have any current projects in the City and would prefer to take the test in six months instead of within thirty or sixty days.