HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/07/2008 - FIRST READING OF ORDINANCE NO. 121, 2008, AMENDING ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: October 7, 2008
FORT COLLINS CITY COUNCIL STAFF: Felix Lee
SUBJECT
First Reading of Ordinance No. 121,2008,Amending Section 2-119 of the City Code Pertaining to
the Functions of the Building Review Board.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
This Ordinance will amend Section 2-119 of the City Code to update the functions of the Building
Review Board. These provisions include:
• Authorizing the Building Review Board to consider a contractor license applicant's
alternative qualifications;
• Adding a new provision to formally authorize the Building Review Board to serve as the
"board of appeals"for appeals related to International Property Maintenance Code(IPMC)
and Supplemental Rental Housing Provisions; and
• Adding a new provision to authorize the Building Review Board to advise City Council on
policy matters related to functions of the Board.
BACKGROUND
When the last contractor license regulations were adopted approximately eight years ago, a key
provision authorizing the Building Review Board(BRB)to consider a contractor license applicant
with alternative qualifications was inadvertently omitted from the Code language in Section 2-119,
although the BRB was empowered to consider alternative qualifications under the language
contained in Code Section 15-156. This ordinance would reconcile Section 15-156 and 2-119.
These alternative qualifications include:
• Specialized training
• Education
• Additional experience
Additionally, a new provision formally authorizes the BRB to serve as the "Board of Appeals"
relating to appeals concerning the International Property Maintenance Code (IPMC) and
Supplemental Rental Housing Provisions. Currently, the BRB serves as the Board of Appeals for
r
October 7, 2008 -2- Item No. 16
matters relating to the 1976 Uniform Code for the Abatement of Dangerous Buildings, which is
being replaced with the 2006 IPMC as amended. The adoption of the IPMC is designed to be
concurrent with the enactment of this item.
Lastly,another new provision is proposed that formally authorizes the BRB to advise City Council
on policy matters pertaining to the construction of buildings, contractor licensing, and such other
duties and functions provided by the City Council.
ORDINANCE NO, 121 , 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2- 119 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE FUNCTIONS OF THE BUILDING REVIEW BOARD
WHEREAS , Sections 2- 119 and 15 - 156 of the City Code establish certain duties and
functions of the Building Review Board (the "Board") ; and
WHEREAS , pursuant to the provisions of Section 15 - 156, the Board has historically granted
variances from the terms of Chapter 15 , Article V, pertaining to the licensing of contractors, when
such license applicants can demonstrate that they possess special qualifications to perform in a
competent manner; and
WHEREAS , this function of the Board has not been specifically listed in Section 2 - 119 as
a function of the Board; and
WHEREAS , City Council has determined that subsection (4) of Section 2- 119 should be
amended to authorize the granting of such variances ; and
WHEREAS , City Council has also determined that Section 2- 119(5) should be amended so
as to authorize the Board to serve as the Board of Appeals for the "Housing Standards" contained
in the City Code, and that a new subsection should be added to Section 2- 119 to authorize the Board
to advise City Council on policy matters pertaining to the construction of buildings and licensing
of contractors and to perform such other duties as City Council may determine proper by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 2- 119(4) and (5) be amended to read as follows and that a new section (6)
be added to read as follows :
Sec. 2-119. Functions.
The Board shall have the following functions :
(4) To, upon appeal in specific cases, grant variances from the terms of Chapter
15 , Article V, where the strict application of any provision of said Article
would result in peculiar or exceptional practical difficulties to or exceptional
or undue hardship upon the person regulated, or when the applicant can
demonstrate to the satisfaction of the Board that the applicant possesses other
qualifications not specifically listed in Chapter 15 , Article V, such as
specialized training, education or additional experience, which the Board has
determined qualifies the applicant to perform in a competent manner any
construction authorized under the license or certificate sought, provided that
such relief may be granted without substantial detriment to the public good
and without substantially impairing the intent and purposes of said Article;
and
(5 ) To serve as the Board of Appeals as required under Section 205 of the
Uniform Code for the Abatement of Dangerous Buildings, and "Housing
Standards" contained in Chapter 5 , Article VI of the Code .
(6) To advise the City Council on policy matters pertaining to the construction
of buildings and the licensing of contractors and the certification of
supervisors for all aspects of the construction of buildings, and to perform
such other duties and functions and have such other powers as may be
provided by ordinance of the City Council.
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D . 2008 , and to be presented for final passage on the 21 st day of October, A.D . 2008 .
Mayor
ATTEST :
Chief Deputy City Clerk
Passed and adopted on final reading on the 21 st day of October, A. D . 2008 .
Mayor
ATTEST :
City Clerk